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 2026

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

Maria Peyman, head of IP at Birketts, explains why the firm is adopting a ‘seamless approach’ for clients by integrating two of its practice areas
Matthew Swinn, who leads the firm’s IP practice, discusses why Mallesons is well-placed to remain a major IP force
Lawyers at A&O Shearman analyse developments regarding UPC’s long-arm jurisdiction, including its scope and jurisdictional limits
Michelle Lee discusses reaching milestones at the USPTO, AI’s role in legal work, and how to empower women in tech and IP
Executive chair Matt Dixon, who reveals a new associate hire, says the firm wants to offer a realistic pathway to partnership while avoiding the ‘corporate machine’ route
Mayer Brown’s role in cardiovascular technology dispute reflects how firms are pursuing precedent-setting cases to try and guide AI and patent law
Kevin Mack, Via’s new president, emphasises the importance of collaborative licensing structures and shares how AI tools can help create new lines of business
A Tokyo District Court ruling concerning movie spoilers, and a second chance for VLSI against Intel were also among the top talking points
Practitioners believe new AI tools at the USPTO will not replace lawyers or disrupt revenue, but instead expose where a trademark attorney’s value lies
Leighton Cassidy Legal hopes to leverage its founder's international experience and provide clients with a rare chance to receive litigation and prosecution under one umbrella
Gift this article