The UK Supreme Court has ruled that it holds jurisdiction to determine FRAND licensing rates for InterDigital's Avanci 5G platform, allowing Tesla's legal challenge to proceed. Additionally, the UPC Düsseldorf Local Division ruled that Disney infringed an InterDigital HEVC-related patent after failing to engage in FRAND negotiations due to an NDA dispute.
The UK Supreme Court's decision establishes the English court system as a primary venue for determining global licensing costs for 5G technology platforms. By asserting jurisdiction over the Avanci 5G Platform rates, the court signals that SEP holders cannot avoid judicial rate-setting by using joint licensing pools. This creates a significant precedent for streaming hardware and automotive manufacturers who rely on standardized connectivity and video encoding patents. The InterDigital expands Disney+ patent litigation ruling further emphasizes that refusing to sign NDAs during negotiations can lead to 'unwilling licensee' status under European law. Watch for the English Court's specific valuation of the Avanci 5G rate, which will set a benchmark for future SEP litigation.
Recent industry developments highlight the ongoing complexity of patent licensing, as seen in cases where LG Electronics faces royalty obligations despite patent invalidation, or where other patent pool sets royalty structures are established to manage standard-essential technology. The new EU technology transfer rules also provide critical guidance for how companies negotiate these complex licensing agreements. The Disney+ Google Cast injunction further illustrates how specific patent enforcement can force immediate changes to streaming features, a trend also seen in the Disney+ InterDigital patent dispute.
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