UK Court of Appeal Rules on Side of Fairness in Ongoing Lenovo v InterDigital Case
The UK Court of Appeal has ruled in favor of Lenovo in its ongoing legal dispute with InterDigital regarding license rates for 3G, 4G, and 5G patents. The court established a modest royalty rate increase to 22.5 US cents per unit, which is only 6.5 cents more than Lenovo's proposed FRAND rate and significantly lower than the 49-50 US cents per unit sought by InterDigital. This decision upholds Justice Mellor’s initial ruling, including his finding of InterDigital's non-FRAND behavior. Lenovo has publicly offered InterDigital the court-determined rate of 22.5 US cents per unit to demonstrate its commitment to fair licensing practices.
- UK Court of Appeal sets a modest royalty rate of 22.5 US cents per unit, favorable to Lenovo compared to InterDigital's sought rate of 49-50 US cents.
- Justice Mellor’s original ruling, which included a finding of InterDigital’s un-FRAND conduct, remains undisturbed.
- None.
The amount ruled on appeal is only 5 US cents off the rate set by Justice Mellor (17.5 US cents), but significantly less than half (27 US cents lower) the 49-50 US cents rate that InterDigital sought as a per-unit rate both at trial and appeal. Beyond the royalty rate, Justice Mellor’s original ruling otherwise remained undisturbed, including his determination of InterDigital’s un-FRAND conduct. As further evidence of its willingness and commitment to FRAND licensing, Lenovo is publicly offering InterDigital 22.5 US cents per cellular unit for a forward-looking license and hope this fully resolves the parties’ disputes.
Commenting on the ruling, Lenovo’s John Mulgrew, Vice President, Deputy General Counsel & Chief Intellectual Property Officer, welcomes the decision:
“We are pleased with the Court’s commitment to confirm fair, reasonable, and non-discriminatory terms for licensing, and are encouraged by what this decision means for ongoing negotiations with InterDigital, wider industry IP litigation cases, and most importantly, how this facilitates the proliferation of affordable innovation to customers around the world. Given the decision is far closer to Lenovo’s original position than InterDigital’s, we believe this is a further win for Lenovo and reinforces our continued commitment to FRAND licensing and being a willing licensee in the face of supra-FRAND offers and behavior.”
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Stuart Gill
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sgill@lenovo.com
Source: Lenovo
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