InterDigital Gets Wireless Patent Reinstated On Appeal
By Sophia Dourou · Listen to article
Law360, London (February 9, 2023, 5:29 PM GMT) -- A London appeals court reinstated on Thursday a wireless patent of InterDigital Inc., finding that it had been infringed by Chinese rival Lenovo Group Ltd.
The Court of Appeal sided with the U.S. tech giant's argument that one of its standard-essential patents for 3G wireless technology did indeed contain an invention and was not obvious given the prior art in the field.
Justice Richard Arnold said that a lower court judge was wrong to find that a piece of prior art anticipated the patent-in-suit, which included an apparatus to ensure that the technology was fully functional.
He added that the earlier judge "was beguiled by a sleight of hand" during the cross-examination of InterDigital's expert witness. The panel of three justices found that an earlier 2005 invention, known as Filiatrault, which aims to improve the performance of 3G mobile transmissions to reduce delays, did not anticipate InterDigital's patent.
The patent covers the way data blocks of specified sizes are transmitted by mobile phones.
InterDigital was seeking to overturn an April 2022 High Court decision holding that its patent was invalid and tossing out its infringement lawsuit against Lenovo.
The justices sided on Thursday with InterDigital's version of the construction of the patent's claims, but noted that conclusion had no bearing on whether the patent had been infringed.
"So far as is material to essentiality/infringement there is no difference between the judge's construction and the construction I have adopted," Justice Arnold wrote.
"We are delighted to have helped InterDigital secure another win in its longstanding dispute with Lenovo," said Alexandra Brodie of Gowling WLG, who represented InterDigital.
A Lenovo representative declined to comment.
InterDigital and Lenovo have since 2009 been in unsuccessful talks to license the U.S. company's patent portfolio covering 3G and 4G standards in a number of different jurisdictions, including the U.K., China and U.S., according to a related July 2021 decision.
The High Court ruled at that time that Lenovo had infringed another of InterDigital's valid standard-essential patents for 4G wireless technology. Lenovo is currently appealing that decision.
Separately, the High Court upheld the validity of yet another InterDigital telecommunication patent in January and ruled it essential to the 3G technology standard.
That dispute marks one of a series focusing on determining what FRAND — fair, reasonable and nondiscriminatory — licensing terms would be for the telecommunications patents. It follows a landmark decision by the U.K. Supreme Court in 2020 that England's courts have the authority to set global rates for use of standard-essential patents.
The appeal was before Justices Richard Arnold, Kim Lewison and Sarah Asplin.
The patent-in-suit is European (UK) Patent No. 3,355,537.
Lenovo is represented by James Abrahams KC of 8 New Square and Kyra Nezami of 11 South Square, instructed by Kirkland & Ellis LLP.
InterDigital is represented by Adrian Speck KC of 8 New Square, instructed by Gowling WLG.
The case is InterDigital Technology Corp. and others v. Lenovo Group Ltd. and others, case number CA-2022-001060, in the Court of Appeal of England and Wales.
