The High Court of England and Wales has considered FRAND issues in detail again in InterDigital v Lenovo  EWHC 539 (Pat).
In another landmark decision following Lord Justice Birss’ ruling in Unwired Planet, the judgment considers a number of significant but presently unanswered legal issues in the FRAND space. In addition to what would constitute a FRAND licence to the InterDigital SEP portfolio for Lenovo, the decision also covers:
- the selection of comparable licences in a court-led FRAND analysis
- issues of discounts for past sales; the relevance of party willingness to a FRAND determination
- the usefulness or not of a top-down analysis
- past sales and the relevance of litigation limitation period