LONDON (Reuters) -Lenovo on Friday won an appeal in Britain in its attempt to get an interim licence to use Ericsson’s patents, the latest ruling in the companies’ global licensing dispute.
English courts have recently permitted parties to pursue short-term patent licences pending trial, including in Amazon’s dispute with Nokia.
Lenovo sued Ericsson at London’s High Court in 2023, one of a number of cases brought by one or other of the two companies around the world over 4G and 5G wireless technology.
The pair have also sued one another in Brazil, Colombia and the United States, both in North Carolina and at the U.S. International Trade Commission.
Their dispute centres on the fair, reasonable, and non-discriminatory (FRAND) terms for a licence to use Lenovo and Ericsson’s patents.
Disputes over FRAND licensing have led to global legal battles in the telecom industry. English courts can set global FRAND terms, following a 2020 UK Supreme Court ruling.
In London, Lenovo sought a declaration that a willing licensor would agree to a short-term licence pending the final determination of FRAND terms.
Its application was refused last year, but the Court of Appeal overturned that decision on Friday.
Judge Richard Arnold ruled that Ericsson was in breach of its obligation to act in good faith by pursuing claims in foreign courts despite Lenovo saying it will accept the FRAND terms set by the English courts.
He said that “a willing licensor in the position of Ericsson would enter into an interim licence with Lenovo”, adding that he hoped Ericsson would now choose to do so.
Arnold also ruled that the FRAND terms for an interim licence would involve Lenovo paying “a nine-figure dollar sum” to Ericsson.
Lenovo’s Chief Legal Officer Laura Quatela said the ruling “not only confirms that Lenovo is a willing licensee but strengthens and reaffirms our commitment to advocating for transparency and fairness in global FRAND licensing”.
Ericsson declined to comment.
(Reporting by Sam Tobin; editing by Sarah Young, Kirsten Donovan)
