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England and Wales decisions
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High Court patents judgment on Samsung’s 5G patent. The court addressed skilled person, inventive step, collocation, and plausibility arguments over an NR initial-access claim.
The Court permits Amazon to make the declaration required by the UPC LD, noting that neither party considers Amazon to be in breach of the UPC LD anti-suit injunction and that the UPC LD's position prevents de-escalation by agreement. The September RAND trial will not include Amazon's claim for damages relating to UPC territories. The Court declines to make any order against InterDigital but reserves the right to reconsider if necessary.
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Acer Incorporated & Anor v Nokia Technologies OY [2026] EWCA Civ 604 (18 May 2026)
The Court of Appeal held that Nokia’s disputed cross-licence term was not RAND-compliant and the case management stay was conditional on its removal.
The Court of Appeal held that Nokia’s disputed licence term was not RAND and ordered the case management stay only if that term was removed.
The interim payment should be set at the mid-point between TP-Link’s US$12 million offer and Huawei’s rack rate approach, covering sales from 2008 to April 2027, including interest at US Prime + 1%, and including white label and mesh products. The interim payment is to be paid directly to Huawei, not into escrow. The non-refundable amount remains US$12 million, subject to adjustment if white label or mesh product figures are significant.
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TP-Link Systems Inc & Anor v Huawei Technologies Co Ltd [2026] EWHC 179 (Pat) (30 January 2026)
The Patents Court set interim RAND licence terms for TP-Link and Huawei, choosing a midpoint approach, adding interest, and fixing the non-refundable sum at US$12 million.
The Patents Court granted expedition of RAND trial issues, directing the trial to the earliest possible time in Michaelmas term because of foreign injunction risk.
Acer Incorporated & Ors v Nokia Technologies OY [2025] EWHC 3331 (Pat) (18 December 2025)
The Patents Court held it had jurisdiction to hear implementer-led RAND claims against Nokia and granted interim licence declarations for Acer, Hisense and ASUS.
The High Court held Nokia’s ITU-T RAND commitment required offers capable of acceptance, upheld jurisdiction, and granted interim licence declarations.
Amazon.com, Inc & Ors v Interdigital VC Holdings, Inc & Ors [2025] EWHC 3334 (Pat) (15 December 2025)
Claims for determination of RAND terms for licences relating to UK patents, even if global in scope, relate to property within the jurisdiction and fall within CPR r.63.14 and gateway 11. Service within the jurisdiction was valid, permission to serve out was properly granted, and InterDigital failed to show any alternative forum (arbitration, Switzerland, Delaware) that is clearly and distinctly more appropriate. Undertakings and arbitration offers do not alter the jurisdictional analysis. The English court is the appropriate forum, especially given the competition claims.
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