UK Supreme Court confirms jurisdiction over InterDigital Avanci 5G FRAND rates
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.
Key Takeaways
- UK Supreme Court overturned lower court rulings to allow Tesla's challenge against InterDigital's licensing platform rates to proceed.
- UPC Düsseldorf Local Division ruled The Walt Disney Company infringed InterDigital patent EP 2 449 782 after an NDA dispute stalled negotiations.
- The UPC court rejected Disney's FRAND defense because the asserted HEVC-related patents were not proven to be essential to the standard.
- Qualcomm and Samsung were involved in a separate UPC Court of Appeal ruling that clarified fee calculations for patent revocation counterclaims.
Why It Matters
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 Disney infringement 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.
Read full article at mondaq.com
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