New UK judge: FRAND anti-anti-suits could create ‘total mess’

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

New UK judge: FRAND anti-anti-suits could create ‘total mess’

james-mellor-comp.jpg

In his first interview since joining the bench, Mr Justice Mellor talks exclusively to Managing IP about why some FRAND litigation tactics are not sustainable

The newly appointed judge at the England and Wales High Court says judicial authorities may need to show restraint to avoid running into a “total mess” in FRAND patent disputes.

Speaking exclusively to Managing IP, Mr Justice James Mellor says the rising trend of anti-anti-suit injunctions is not sustainable.

“It does create a potentially very difficult situation. It is going to require some forbearance amongst judicial authorities across the world, otherwise we are just going to get into a total mess,” says Mellor.

Anti-anti-suit injunctions aim to get a court to stop the infringement proceedings of a company in an anti-suit injunction in another country. In each instance, one jurisdiction is pitted against another as standard essential patent owners and implementers go to war over fair, reasonable and non-discriminatory (FRAND) licensing terms.

At the MIP International Patent Forum earlier this month, counsel said a major concern for industries involved in FRAND disputes is that if companies continue to escalate their litigation battles, there is no telling where the trend will end.

Defining things in simple terms, Mellor notes that each patent is a monopoly granted by a particular jurisdiction, and that each jurisdiction has to have the power to rule on that monopoly right. “I suppose that’s the route of the problem, with multiple territorial rights at play.”

He adds: “You have to look at your own jurisdiction and not overstep it. There are certain jurisdictions around the world where they will say ‘you have overstepped the mark’; often that is disputed because the precise basis is not understood.

“We have to wait and see what happens with the anti-anti-anti-suit injunction trend.”

The full interview, in which Mr Justice Mellor also discusses why he moved to the bench, why a fully equipped patents court is so vital, and why ‘soft IP’ disputes are just as important as complex patent cases, will be published in due course.

more from across site and SHARED ros bottom lb

More from across our site

IPH, which owns several IP businesses in the APAC and Canada, reported a 16.5% increase in revenue and 13% jump in profit after tax
With Ireland’s government re-engaging with the idea of a UPC referendum, it provides a chance to improve the system further
US-based company says appointment of Jorge Ordonez shows its momentum as a private-equity-backed platform expanding in the IP services market
The firm hired an IP litigation team during the reporting period and has entered the Managing IP rankings for trademark work
Masaki Mikami of Marks IP explains how he helped prove acquired distinctiveness to secure protection for 'Pocky' in Japan
Daralyn Durie discusses the ‘amazing’ opportunity of working on an AI case, the value of celebrating women, and how to build the next wave of talent
New members of the Access Advance patent pool and Harvard University coming under fire were also among the top talking points
Team from Graham Watt & Co will join Beck Greener’s London office
The firm reported a small uptick in overall revenue and profit per equity partner, while its IP team secured notable life sciences victories
Paul Ainsworth, who secured a settlement for his client in a patent dispute, says the case shows why medical claims by dietary supplement companies can threaten IP rights
Gift this article