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

The Texas-based IP litigation hires take King & Spalding’s partner appointments from pre-merger Winston & Strawn up to 12 this year
Sunny Su explains how her team overcame challenges with orchard evidence collection to secure a favourable plant variety decision from China’s top court
Flexible working firm continues trajectory from 2025 with appointment of Matthew Grant and Letao Qin
Anousha Davies, associate and trademark attorney at Birketts, unpicks how the university’s reputation enabled it to see off a proposed trademark for ‘Cambridge Rowing’
IP lawyers, who say they are encouraging clients to build up ‘tariff resilience’, should treat the risks posed by recent orders as a core consideration in cross-border licensing
Regulatory changes and damages risks are prompting Canadian firms and clients to opt for settlements in generic and biosimilar cases
News of Via Licensing Alliance adding two new members and Nokia’s proposal to extend interim licences to Warner Bros Discovery and Paramount were also among the top talking points
A new claim filed by Ericsson, and a request for access to documents, were also among recent developments
Cooley and Stikeman Elliott advised 35Pharma on the deal, which will allow GSK to get its hands on S235, an investigational medicine for pulmonary hypertension
Simon Wright explains why the UK should embrace the possibility of rejoining the UPC, and reveals how CIPA is reacting to this month’s historic Emotional Perception AI case at the UK Supreme Court
Gift this article