Court Of Appeal Favors Lenovo Over Interim Licence To Use Ericsson’s 5G Patent
Court Of Appeal Favors Lenovo Over Interim Licence To Use Ericsson’s 5G Patent
The legal victory reinforces the company’s stance on fair and transparent licensing
Lenovo has won an appeal in London’s Court of Appeal to procure an interim licence to use Ericsson's patents.
The companies were fighting over a global licensing dispute over 5G wireless technology.
Lenovo sued Ericsson at London's High Court of Justice in 2023. It was one of the several cases by Lenovo or Ericsson against each other. The companies have filed lawsuits in Brazil, Colombia and the United States.
The 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).
In London, Lenovo sought a declaration that a willing licensor would agree to a short-term licence pending the final determination of FRAND terms.
However, in 2024, its application was refused.
But the Court of Appeal, headed by Judge Richard Arnold, has overturned that decision.
He held 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.
Meanwhile, Laura Quatela, Lenovo’s Chief Legal Officer stated, “The ruling confirms that Lenovo is a willing licensee. It strengthens and reaffirms our commitment to advocating for transparency and fairness in global FRAND licensing.”
