Motorola Mobility LLC v Ericsson Ltd [2024] EWCA Civ 1100
The parties were engaged in negotiations for a cross-licence in respect of each other’s standard essential patents. Both parties had referred the question of FRAND terms to a court – the appellants to the Patents Court and the respondent to the Eastern District Court of North Carolina. Trial of the Patents Court FRAND proceedings had been fixed for 2025. The respondent obtained multiple preliminary injunctions against the appellants in Brazil and Colombia, as well as seeking exclusion orders in the US ITC, in an attempt to coerce the appellants into taking a licence on its terms before the court determination.
The appellants sought an interim injunction against the respondent in this jurisdiction as a way of levelling the playing field between them. Said injunction was refused at first instance and again on appeal.
The decision is notable for its discussion of the application of the American Cyanamid principles in this novel situation, the FRAND process and the indication that there may be a role for the Court to play in regulating the position in the period between commencement of FRAND proceedings and the court’s determination.
Kathryn Pickard was instructed by the appellants.