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Tuesday, March 11, 2025

UK Court docket of Enchantment declares Ericsson in breach of FRAND obligations and an unwilling licensor


Palms down extra order on Motorola license

Following the landmark international SEP judgment in Lenovo’s favor by the UK Court docket of Enchantment on 28 February 2025, Ericsson has refused to just accept the interim licence phrases. In consequence, the English Court docket of Enchantment has formally declared Ericsson to be in breach of its FRAND obligations and an unwilling licensor. 

Additional, in right now’s Excessive Court docket judgment, Meade J. selected the scope of a 2011 Motorola license to Ericsson’s portfolio that Ericsson has refused to acknowledge. Meade J. held that the right interpretation of the license is {that a} Motorola Mobility mobile handset is licensed if an affordable individual within the mobile handset improvement enterprise would regard it as a commercially affordable replace or extension of an current product.   

Motorola Mobility, a Lenovo firm, believes that almost all of its units in query are certainly lined beneath this interpretation and subsequently licensed. Ericsson has steadfastly ignored the contract language and refused to just accept that any Motorola handsets launched throughout the time period of the license are licensed. Motorola Mobility appears ahead to demonstrating the broad attain of the 2011 License protection within the subsequent stage of those proceedings. 

Referring to the 2011 License in his judgment, Mr. Justice Meade held that Ericsson “has been relatively uncooperative about participating within the potential additional determinations that might be concerned on its development”, and criticised Ericsson’s “unlucky lack of productive engagement in elements of this litigation in 2024/2025”. He discovered Ericsson’s restricted admissions to be “unhelpful”. 

Case particulars:

Case No: HP-2023-000041 heard earlier than Mr Justice Meade.

The Court docket’s judgment is obtainable right here.

 



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