InterDigital scores third SEP win in Lenovo fight

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

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

InterDigital scores third SEP win in Lenovo fight

Entrance to the Royal Court of Justice

Court of Appeal judges overturned the High Court’s Mr Justice James Mellor, who was 'beguiled by a sleight of hand'

The England and Wales Court of Appeal reinstated an InterDigital-owned patent on appeal in a blow to Lenovo, today, February 9.

The judgment overturned an earlier ruling by the High Court’s Mr Justice James Mellor, who found the InterDigital 3G patent invalid as obvious in January 2022.

According to Lord Justice Richard Arnold’s lead opinion, Mellor was “beguiled by a sleight of hand” in one of Lenovo’s arguments and accepted an incorrect claim interpretation.

The appeal concerned a document cited by Lenovo during its cross-examination of InterDigital’s expert witness.

An answer from the witness to a particular question from Lenovo led Mellor to find that InterDigital’s claims lacked novelty.

But Lenovo’s question evaded the key issue that Mellor should have focused on instead, InterDigital successfully argued on appeal.

It was a minor issue that received little attention during the High Court trial, Arnold said.

Mellor’s mistake was understandable given the number of issues he had to deal with, Arnold added.

Today’s judgment is the latest in a series of wins for InterDigital in the dispute, and the second at the Court of Appeal in the last month.

“This latest UK court victory, our third in a matter of weeks, serves as further confirmation of the quality of our patented innovations,” said Josh Schmidt, chief legal officer at InterDigital.

Mellor’s judgment in the FRAND trial, which concluded last February, is currently pending and is one of the year's most keenly anticipated UK patent judgments.

more from across site and ros bottom lb

More from across our site

Managing IP goes behind the scenes to uncover what happens when setting up an SEP licensing programme for electric vehicle chargers, and discovers why law firms play a crucial role
Exclusive data and in-house analysis show that law firms are able to respond quickly when engaging with in-house clients but struggle to make the grade when it comes to the quality of their answers
Penelope Aspinall, of wellbeing charity Jonathan’s Voice, explains why a newly published mental health hub for the IP community could prove to be a vital resource
The dispute, which centres on the patentability of a computer program, has seen multiple twists and turns
Paul Hastings said the hire of litigator Alex Morgan underscores the firm’s commitment to strengthening its London-based IP team
The Unified Patent Court’s first FRAND judgment, a patent blow for Samsung, and a new design law treaty were among the top IP stories this week
Leaders at Morgan Lewis discuss the firm’s bold ambitions for Europe and why it feels it can offer a boutique experience within a full-service setting
Firms in Canada explain how they’ve adapted to a rule change in 2017 that has made advocacy skills more important in pharma disputes
Leaders at some IP businesses are looking to consolidate the fragmented market and, considering the benefits, their rivals may want to follow suit
Counsel at three US firms explain how they are expanding their UPC teams or if they are looking to partner with European firms
Gift this article