Lenovo is continuous its struggle for transparency in licensing negotiations by mounting its personal marketing campaign in opposition to international know-how firms looking for extreme charges for his or her patent portfolios. As a worldwide know-how chief and patent proprietor, Lenovo respects the work and funding that goes into innovating however is dedicated to making sure that clients don’t lose out when entry to innovation turns into unavailable or unaffordable as a consequence of unreasonable international patent licensing charges.
In October, Ericsson despatched a requirement for its mobile portfolio that Lenovo believed to be supra-FRAND and filed actions in opposition to Lenovo within the Worldwide Commerce Fee looking for exclusion orders on each its mobile normal important patents and its non-standard important patents. In response, Lenovo sought assist from the Excessive Courtroom of England once more to help the events in figuring out a charge and phrases which can be FRAND not solely as to Ericsson’s portfolio of patents but additionally voluntarily provided up Lenovo’s portfolio for a consideration of FRAND phrases for a cross-license between the events.
Lenovo hoped that Ericsson would conform to have a impartial, knowledgably third get together of the UK Courtroom’s esteem decide the FRAND phrases for a cross-license between the events as a method of resolving the events’ disputes. Ericsson as an alternative filed an motion in opposition to Lenovo in Brazil, looking for a direct injunction in opposition to the sale of all Motorola telephones in Brazil, which we’ll vigorously defend in opposition to in Courtroom. Lenovo believes that is yet one more instance of Ericsson’s un-FRAND habits in looking for to make use of injunctions to attempt to extract supra-FRAND charges from licensees.
Commenting on its newest actions, John Mulgrew, Lenovo’s Deputy Common Counsel and Chief Mental Property Officer, mentioned: “We’re in a spot now the place we’ve got the double burden of firms looking for extreme and unreasonable charges for his or her normal important patents, whereas additionally utilizing threats of injunctions to pressurize negotiations. Whereas litigation is our final resort, we’ll at all times advocate for licensing on a FRAND foundation no matter whether or not we’re the licensee or licensor.”
Lenovo’s filings are the most recent in its marketing campaign calling for open, truthful, and clear licensing negotiations. With an increasing number of SEP holders looking for to pressurize negotiations by the specter of injunctions, Lenovo seeks to drive those self same SEP holders to interact in truthful negotiations with transparency and integrity.
Lenovo additionally holds itself to the identical requirements and is proactively asking the Excessive Courtroom of England to ascertain phrases and charges which can be FRAND for Lenovo’s personal sturdy portfolio of patents. Lenovo reiterates that it’s unconditionally keen to take licenses to SEPs on FRAND phrases, however when SEP holders search to impose inflated charges, clients are those to endure, and Lenovo seeks to treatment this by open and clear rate-setting proceedings.
