Managing IP is part of the Delinian Group, Delinian Limited, 8 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

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

Lenovo infringed InterDigital 4G patent, Court of Appeal rules

Entrance to the Royal Court of Justice

The Court of Appeal backed a High Court ruling which found that InterDigital’s 4G SEP was valid and infringed by Lenovo

Chinese device maker Lenovo infringed a valid InterDigital patent essential to the LTE standard, the England and Wales Court of Appeal ruled yesterday, January 19.

The ruling, which has yet to be published online, is part of a long-running dispute between the parties over access to InterDigital’s 4G SEP portfolio. It upholds an earlier finding made by the England and Wales High Court in July 2021.

“We welcome this decision from the Court of Appeal which comes as further evidence of the foundational nature of our innovation and the quality and strength of our patent portfolio,” said Josh Schmidt, chief legal officer at InterDigital.

A judgment in a separate High Court trial, which seeks to determine a fair, reasonable, and non-discriminatory (FRAND) royalty for the patents, is pending.

At the FRAND trial, which took place in February 2022, Mr Justice James Mellor denied InterDigital’s request for an injunction that would have barred Lenovo from selling infringing devices in the UK until the case was finalised.

A determination on a FRAND rate is expected this year. The highly anticipated judgment will be seen as a test of the UK’s merits as a rate-setting jurisdiction.

The UK is considered to be a more favourable venue for patent owners than other jurisdictions, such as China.

In 2020, the UK Supreme Court issued the landmark Unwired Planet judgment, which said UK courts had the right to set global FRAND royalties.

more from across site and ros bottom lb

More from across our site

Chris Semerjian, MacNeal Darnley and Nicolas Charest provide an overview of trade secret law in Canada and reveal best measures to protect and enforce trade secrets.
Inspired by his former team at Pure Storage, Suvashis Bhattacharya wants to reward inventors with merchandise, he tells Managing IP in an exclusive interview
IP minister George Freeman said on Wednesday that plans for a broad text and data mining exception would not go ahead and that further consultation was needed
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
The trademark battle over ‘MetaBirkin’ NFTs could inform future legal strategies and will provide at least some answers, whichever way it turns, say sources
The EPO BoA says the choice of format now rests with individual boards, sparking outrage from attorneys who say in-person hearings are the ‘gold standard’
Counsel at SMEs and private practice advisers say funding schemes are useful but must be backed by wider changes
Counsel welcome the Delhi High Court’s clarity on claim amendment but worry that its interpretation of the Patents Act negates statutory law
Kitchin is to hear the DABUS case before stepping down on September 29 this year
Numerous studies show that lawyers are increasingly stressed at work and looking for a way out, but law firms are still in denial