China’s Lenovo Group should pay US know-how agency InterDigital $138.7 million (practically Rs. 1,150 crore) for a licence for its portfolio of telecommunications patents, London’s High Court dominated on Thursday within the newest spherical of a long-running dispute.
InterDigital introduced the lawsuit towards Lenovo in 2019 over the phrases on which Lenovo ought to take a licence of its patents that are important to 3G, 4G and 5G requirements.
The litigation, which has thus far featured 5 separate trials, centres on the honest, cheap and non-discriminatory (FRAND) phrases of a licence for InterDigital’s patents.
Judge James Mellor stated in a written ruling on Thursday that earlier presents made by each Lenovo and InterDigital – which had provided $337 million (practically Rs. 3,000) for a six-year licence – weren’t made on FRAND phrases.
He stated Lenovo ought to pay a $138.7 million “lump sum” to cowl previous and future gross sales of cell units from 2007 till the tip of 2023.
Lenovo described the ruling as “a major win for the technology industry and the customers we serve”.
John Mulgrew, Lenovo’s chief mental property officer, stated in an announcement the choice “reinforces FRAND’s critical role in facilitating transparent and equitable licensing practices for standardized technologies”.
InterDigital’s Chief Legal Officer Josh Schmidt welcomed what he stated was the ruling’s recognition that “a licensee should pay in full for the past infringement of standard essential patents”.
However, he stated in an announcement: “We plan to appeal, as we believe that certain aspects of the decision do not accurately reflect our licensing program.”
London-based patent lawyer Mark Marfe, who was not concerned within the case, stated the choice strengthened the High Court’s willingness to grant a worldwide FRAND licence.
China is the one different jurisdiction the place courts have set world FRAND charges for so-called customary important patents.
Marfe added that “all eyes will be on the Unified Patent Court”, a typical patent courtroom for European Union member states which opens in June, to see whether or not it takes an analogous strategy.
© Thomson Reuters 2023
