InterDigital Inc (IDCC)

[Paullee]

from Law 360

FRAND Cases

The U.K.'s status as the go-to jurisdiction for setting fair, reasonable and nondiscriminatory, or FRAND, rates for global patents of standard-essential patents was established by the Supreme Court's 2020 judgment in Unwired Planet International Ltd. v. Huawei Technologies Co. Ltd.

However, since then there has been no SEP dispute culminating in a rate-setting judgment. That looks set to change in 2023 with two FRAND rate setting judgments currently outstanding. FRAND judgments in InterDigital Technology Corp. v. Lenovo Inc. and Optis Cellular Technology v. Apple Inc. are expected imminently. The decisions are likely to be significant for SEP licensing negotiations and future SEP litigation.

The Nokia Technologies Oy v. OnePlus Technology (Shenzhen) Co. Ltd. patent litigation is also expected to continue in 2023 following the Supreme Court's decision in November to refuse OnePlus, a Guangdong OPPO Mobile Telecommunications Corp. Ltd. subsidiary, permission to further appeal its unsuccessful jurisdiction challenge.

The Court of Appeal has determined that England is an appropriate forum for resolving the patent infringement cases brought by Nokia and that a stay is not warranted despite Oppo having requested the People's Court of Chongqing in China to determine a global FRAND license for Nokia's portfolio.

Read more at: https://www.law360.com/articles/1561130/a-look-ahead-at-key-uk-intellectual-property-cases?copied=1