InterDigital V Lenovo: The Latest FRAND Judgment

On 16 March 2023, Mr Justice Mellor handed down the latest FRAND judgment: InterDigital v Lenovo [2023] EWHC 539 (Pat).

The case concerned a dispute between InterDigital and Lenovo as to the terms on which Lenovo should take a licence to InterDigital's portfolio of patents which had been declared essential to the European Telecommunications Standard Institute (ETSI) Standards. The wider proceedings involved five technical trials and a single FRAND trial to which the judgment relates. The purpose of the FRAND trial was to identify what licence terms are Fair, Reasonable And Non-Discriminatory.

Mellor J explained that there were essentially two issues to be determined at trial. First, whether InterDigital's "5G Extended Offer" was FRAND and if not, what terms were FRAND for such a licence. Second, the appropriate remedy and whether InterDigital was entitled to an injunction in respect of the asserted patents held to be valid and essential. In relation to