Lenovo v Ericsson [2025] EWCA Civ 182
Lenovo successfully appealed against the decision of Richards J dismissing its application for a short term licence to hold the ring pending determination of FRAND terms.
The Court of Appeal were unanimous that Ericsson’s conduct in seeking and obtaining injunctive relief in multiple jurisdictions throughout the world, in circumstances where Lenovo had given an undertaking to take a licence on terms determined by the Court to be FRAND, constituted a breach of Ericsson’s duty of good faith.
The case is significant because it confirms that the short-term licence jurisdiction, first recognised in Panasonic v Xiaomi [2024] EWCA Civ 114, is not limited to the situation where both parties have given undertakings to be bound by the Court’s FRAND determination.
Kathryn Pickard was instructed for Lenovo.