Posts

Showing posts with the label SEP

The Appeal in Optis v Apple

Image
iPhones Author iPhone 15   Licence CC BY-SA   4.0   Source Wikimedia Commons   Jane Lambert Court of Appeal (Lords Justices Newey, Arnold and Birss)  Optis Cellular Technology LLC and others v Apple Retail UK Ltd and others [2025] EWCA Civ 552 (1 May 2025) This was an appeal by Optis Cellular Technology LLC, Optis Wireless Technology LLC and Unwired Planet International Ltd. ("Optis") against a declaration by Mr Justice Marcus Smith on 16 Feb 2024 that a licence annexed to his order was fair, reasonable and non-discriminatory ("FRAND"),   The learned judge had granted the declaration following his judgments in   Optis Cellular Technology LLC and others v Apple Retail UK Ltd and others   [2023] EWHC 1095 (Ch) 10 May 2023 and  Optis Cellular Technology LLC and others v Apple Retail UK Ltd and others   : [2024] EWHC 197 (Ch) 14 Feb 2024.  According to para [4] of Lord Justice Birss's judgment in  Optis Cellular Technology LL...

FRAND - Lenovo v Ericsson

Image
Great Hall, Royal Courts of Justice Author Aurelien Guichard   Licence CC BY-SA 2.0   Source Wikimedia Commons Jane Lambert Court of Appeal (Lords Justices Newey and Arnold and Lady Justice Falk)  Lenovo Group Ltd and others v Telefonaktiebolaget LM Ericsson (PUBL) and another [2025] EWCA Civ 182 (28 Feb 2025 ) This was an appeal against Mr Justice Richards's refusal to grant a declaration that a willing licensor and a willing licensee in the situation of the parties to this litigation would agree to, and actually enter into, a short-term cross-licence that would expire once either an English court or the US District Court for the Eastern District of North Carolina fixes the terms of a FRAND cross-licence (see  Lenovo Group Ltd and others v Telefonaktiebolaget LM Ericsson (publ) and another [2024] EWHC 2941 (Pat) (19 Nov 2024)). The appeal was heard by Lords Justices Newey and Arnold and Lady Justice Falk on 25 Feb 2025 and judgment was handed down on...

FRAND - Panasonic Holdings Corporation v Xiaomi Technology UK Ltd.

Image
Author  Basher Eyre #   Lixnxw  CC BY-SA 2. 0 Jane Lambert Court of Appeal (Lords Justices Moylan, Arnold and Phillips)  Panasonic Holdings Corporation v Xiaomi Technology UK Ltd and others [2024] EWCA Civ 1143 (3 Oct 2024) On 31 July 2023, Panasonic Holdings Corporation ("Panasonic") issued proceedings against Xiaomi Technology UK Ltd., its holding and two associated companies (Xiaomi) for declarations that certain of its patents were essential to one or more ETSI telecommunications standards, that they had been infringed by Xiaomi, that the terms on which it was willing to license patents were fair, reasonable and non-discriminatory ("FRAND") or could become FRAND after some adjustments and injunctions against Xianomi if those companies rejected those terms.  On 8 Nov 2023, after a hearing before Mr Justice Meade, his lordship ordered a 10 to 15-day trial to be listed in October 2024, limited to the determination of the terms of the court-determined lice...

The Appeal - InterDigital Technology v Lenovo

Image
Royal Courts of Justice Author Anthony Majanlathi   Licence CC BY 2.0   Source Wikimedia Commons   Jane Lambert Court of Appeal (Lords Justices Arnold, Nugee and Birss)  InterDigital Technology Corporation and others v Lenovo Group Ltd and others [2024] EWCA Civ 743 (12 July 2024) This was an appeal by the claimants, InterDigital Technology and others ("InterDigital") and a cross-appeal by the defendants, Lenovo Group Limited and others ("Lenovo") against the order of Mr Justice Mellor in InterDigital Technology Corporation and others v Lenovo Group Ltd and others [2023] EWHC 1578 (Pat) (27 June 2023). That order implemented his lordship's judgment in    InterDigital Technology Corporation and others v Lenovo Group Ltd (FRAND Judgment - Public Version) [2023] EWHC 539 (Pat) (16 March 2023) which I discussed in  Patents - Interdigital Technology Corporation and others v Lenovo Group Ltd. and others   on 21 March 2023.  Mr Justice Mellor req...

Confidentiality - InterDigital Technology Corporation and others v Lenovo Group Ltd. and others

Image
  Author  Interdigital  Licence   CC BY-SA 4.0   Source  Wikimedia Commons   Jane Lambert Patents Cour t (Mr Justice Mellor) Interdigital Technology Corp and others v Lenovo Group Ltd and others [2023] EWHC 1577 (Pat) (28 June 2023 I discussed Mr Justice Mellor's judgment in Interdigital Technology Corp and others v Lenovo Group Ltd and others [2023] EWHC 539 (Pat) in Patents - Interdigital Technology Corporation and others v Lenovo Group Ltd. and others   on 21 March 2023.  That had been a trial to determine the payments and other terms upon which patents that were essential for compliance with technical standards could be used.   At the end of my case note, I wrote: "This has been an extraordinarily difficult case note to write partly because the judgment is 225 pages long and partly because large chunks of it have been redacted, The judge has promised to publish a fuller version of his judgment in due course but even that...