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

Klaus Grabinski told delegates at a UPC inauguration event that the proposed SEP regulation would limit access to justice
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
Sukanya Sarkar shares her thoughts on this year’s annual meeting in Singapore, where debates ranged from AI opportunities to improving law firm culture
The court’s ruling is a good reminder that US parties aren’t guaranteed attorney fees just because they win, say sources
With business confidence in a shaky state, Rachel Tan and Lisa Yong of Rouse discuss how in-house IP teams can manage their trademark portfolios through uncertain times
The Court of Appeal had stern words for Med-El’s representatives after they highlighted a deputy judge’s background as a solicitor
Funders and NPEs say asserting patent portfolios can minimise risk at the USPTO’s PTAB, where procedure remains a controversial topic
The US Supreme Court’s ruling wasn’t a surprise and reflects a trend that had already been bubbling away for a while, say tech and pharma counsel
Previous attempts at major transatlantic tie-ups have failed, so lawyers will keep their eyes firmly on Allen & Overy’s grand plans
INTA CEO Etienne Sanz de Acedo shares his plans if he were to win the EUIPO leadership race and says his application does not affect his INTA role