Lenovo won an appeal in Britain on Friday, securing the right to seek an interim licence to use Ericsson’s patents, marking a key development in their global licensing battle over 4G and 5G technology.
The dispute revolves around fair, reasonable, and non-discriminatory (FRAND) terms for patent licences. English courts, following a 2020 UK Supreme Court ruling, can set global FRAND terms, a move that has sparked international legal battles in the telecom sector.
Lenovo sued Ericsson in London’s High Court in 2023, with related cases also ongoing in Brazil, Colombia, the United States, and the U.S. International Trade Commission.
In London, Lenovo sought a declaration that a willing licensor would agree to a short-term licence until FRAND terms are fully determined. Though initially rejected last year, the Court of Appeal overturned the decision.
Judge Richard Arnold ruled that Ericsson breached its duty to act in good faith by pursuing claims in foreign courts, despite Lenovo agreeing to accept FRAND terms set by the UK. He stated that a “willing licensor” like Ericsson would enter into an interim agreement with Lenovo, urging the company to do so.
The judge also noted that Lenovo would need to pay a “nine-figure dollar sum” as part of the interim licence terms.
Laura Quatela, Lenovo’s Chief Legal Officer, welcomed the decision, saying it reaffirms Lenovo’s stance as a “willing licensee” and its commitment to fair and transparent FRAND licensing.
Ericsson declined to comment.
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