FRANDly Chat

Naomi Hazenberg and Sam Harvey explore two judgments from the Court of Appeal in Acer & ASUS v Nokia. Both have leading judgments from Lord Justice Arnold, and they came in quick succession in early May. They focus on the effect of a specific interim licence offer and what that can mean in the context for an implementer action, and also the jurisdictional gateways for those claims. Note: All i...

Join Matthew Hunt and Sam Harvey for a whistlestop tour of the past year (and a bit) of interim licence judgments, working through cases such as Lenovo v Ericsson , Samsung v ZTE , ASUS v Nokia and more... Is the UK's interim licence regime here to stay and what happens next? Note: All information was correct at the time of recording.

Join Richard Pinckney , Francion Brooks and Matthew Hunt for this ‘rapid reaction’ episode as they talk through five of the most interesting points from the English High Court’s latest FRAND determination, covering topics such as the Court’s selection of comparable licences, adjustments for non-FRAND factors, and the role of the ‘patentee’s choice’.  Note: All information was correct at the time o...

In this episode, Nadine Bleach and Francion Brooks discuss the latest trend in FRAND litigation - anti-suit relief. The discussion traverses the initial anti-interim licence injunctions granted in the UPC and Germany in Amazon v Interdigital and the reaction in the UK, including the AASI relief granted ex parte in Warner Brothers v Nokia .

In this episode, James Boon and Sam Harvey discuss the UK IPO’s SEP consultation and the UPC’s Patent, Mediation and Arbitration Centre (PMAC). From pondering whether these measures might fill the vacuum left by the demise of the EU SEP regulation, to scrutinising some of the details in the proposals and speculating on how they might work in practice.

In this episode, Richard Pinckney and Matthew Raynor unpack the Court of Appeal’s landmark decision in Optis v Apple , a judgment that reaffirms the UK’s approach to global FRAND licensing. They explore how the Court re-centred comparables analysis, revived the parties' valuation evidence, and addressed the tension between UK and US proceedings.  How did the Court arrive at the $0.15 per unit...

Patent litigators Richard Pinckney and Sam Harvey consider the position of patent pools (or platforms) in UK SEP/FRAND licensing disputes following the Court of Appeal’s judgment in Tesla v Avanci which found that Tesla’s claim for a declaration of the FRAND terms to a licence to Avanci’s 5G Platform had no real prospect of success. Note: This episode was recorded prior to the Court of Appeal hand...

In this episode, James Boon joins Francion Brooks to discuss the latest Court of Appeal judgment in Lenovo v Ericsson granting a declaration that a willing licensor in the position of Ericsson would grant Lenovo an interim licence.  Note : All information was correct at the time of recording.

In this collaboration between our FRANDly Chat and You, me & the UPC podcasts, our experts, Naomi Hazenberg , Richard Pinckney and Francion Brooks , bring you a discussion on the first substantive FRAND decision of the UPC in Panasonic v Oppo. Find our other FRANDly Chat episodes here and our other You, me & the UPC episodes here . Note: All information was correct at the time of recording...

In this episode, James Boon and Matt Hunt talk through the recent wave of judgments related to ‘interim’ FRAND licences. Note: All information was correct at the time of recording.

Join James Boon and Nadine Bleach as they discuss the Court of Appeal's decision on the second UK FRAND determination in InterDigital v Lenovo [2024] EWCA Civ 743 and what it means for future UK FRAND litigation. Note: All information was correct at the time of recording.

In this episode, our competition lawyer, Francion Brooks , is joined by patent litigator, Richard Pinckney , to discuss the recent judgment in Tesla v InterDigital & Avanci which raises interesting questions of jurisdiction related to FRAND licences to patent pools. Francion and Rich explore why Tesla’s claim failed in this case, and what might be done differently in future cases to avoid the...

Join Naomi Hazenberg , Nadine Bleach and Francion Brooks as they embark on a whistle-stop tour of FRAND developments in the UK and beyond in this continually evolving space.  Recorded in late September 2024. Note: All information was correct at the time of recording.

In this episode, Luke Maunder and his colleague Matt Hunt delve into the recent FRAND judgment of Mr Justice Marcus Smith. There is too much in the judgment to unpack in just one podcast. However, Matt and Luke aim to ensure that, by the end of this whirlwind tour, you should be able to hold your own when asked “ So what do you think about the UK court’s approach in Optis v Apple ?” Note: All info...

In this episode, Luke Maunder discusses the long-awaited FRAND judgment of Mr Justice Mellor with special guest star Dr Myles Jelf . Luke and Myles delve into the decision and set out the key information you need to know.  Note: All information was correct at the time of recording.

In this quick update, senior associates and IP specialists, Luke Maunder and Naomi Hazenberg discuss the recent decision in Kigen v Thales , which considers the jurisdiction of the court for a claim that included FRAND declarations that were free-standing and/or tied to declarations of invalidity and non-essentiality. Note: All information was correct at the time of recording.

Senior associates and IP specialists, Luke Maunder and Naomi Hazenberg discuss the development of the English FRAND injunction and the timing of when an undertaking to enter a FRAND licence is required.  Note: All information was correct at the time of recording.

Senior associates and IP specialists Luke Maunder and Naomi Hazenberg go back to the future to look at FRAND methodologies before the British Courts. They begin by looking at what was done in the seminal Unwired Planet case, before moving on to the detail of the unresolved issues including those that are up for consideration in the cases of InterDigital v Lenovo and Optis v Apple . For the true ec...

Senior associates and IP specialists, Luke Maunder and Naomi Hazenberg ,  look at how the British Courts have treated patent pools, before delving into some of the issues they present in litigation. They also cover suggestions that the principle of pool licensing could apply on the other side of the fence, looking at licensing negotiation groups and approaches that seek to achieve a similar object...

"If only we could have a little more transparency" is a refrain heard by every licensor, but commercial sensitivities and confidentiality obligations/concerns abound in the FRAND space. Senior associates and IP specialists, Luke Maunder and Naomi Hazenberg ,  look at how the British Courts have sought to balance the right to information on comparable licences (and associated information)...

Senior associates and IP specialists Luke Maunder and Naomi Hazenberg briefly recap the history of jurisdiction challenges in the British Courts, including the relevant aspects of the decision by the UK Supreme Court in Conversant / Unwired Planet . They then look in detail at the latest decision of the Court of Appeal in Nokia v Oppo , when Oppo attempted to have the FRAND aspects stayed in favou...