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This is an informal case summary prepared for the purposes of facilitating exchange during the 2024 WIPO IP Judges Forum.

Session 8: Cross-border Proceedings

High Court of England and Wales (Patents Court), United Kingdom [2024]: Lenovo Group Ltd. and Ors v InterDigital Technology Corporation and Ors, [2024] EWHC 596 (Ch)

Date of judgment: March 21, 2024

Issuing authority: High Court of England and Wales, Patents Court

Level of the issuing authority: First Instance

Type of procedure: Judicial (Civin( �/span>

Subject matter: Patents (Inventions)

Plaintiff: Lenovo Group Limited and others

Defendant: InterDigital Technology Corporation and others

Keywords: SEP patents, FRAND obligations, ETSI IPR policy, Proceedings to influence foreign proceedings, International comity

Basic facts: InterDigital has a portfolio of telecoms SEPs.  It brought infringement proceedings in Germany against Lenovo.  Lenovo brought a claim in the UK alleging that it was entitled to an interim FRAND license to the InterDigital Portfolio.  InterDigital resisted the license on a number of grounds, including that the real effect of a decision that there was an interim license would be felt in Germany and not in the UK.

Held: On the facts, the Court was not satisfied that the interim license would be FRAND.  However, the Court held that in any case (i.e., even if the interim license was FRAND), the benefit to Lenovo in the UK proceedings would be small, and the real goal of Lenovo was to obtain a decision that would affect the German proceedings.  The Court determined that it would be inappropriate to try to influence the German proceedings, and it was for the German courts to decide how to deal with FRAND cases that came before them. 

Relevant holdings in relation to cross-border proceedings: The judgment of the Court addresses the use of declarations in one territory to influence proceedings in another.

Relevant legislation: None.