Myles Jelf talks about FRAND with IAM

"Which court is best placed to set global rates?"


Read the full article in IAM, April 2020: UK InterDigital v Lenovo decision could be pivotal for global SEP strategies.

The High Court of England and Wales is due to make its decision following the UK’s second ever full FRAND trial since Unwired Planet. Will this decision better clarify the court’s approach to a number of key FRAND related questions?

Partner and co-head of patent litigation Myles Jelf, highlights that there have been two main questions in the case law since Unwired:

  1. Courts around the world want to set global rates as well. Which court is best placed for this?
  2. When must a licensee commit to a court’s ruling on a global FRAND licensing rate if it wishes to avoid an injunction?

Myles also touches upon the tensions related to the use of patented innovations in an industry standard, and the fact that courts in general are not great at setting what a commercially ‘fair’ relationship between parties should be.

For more information on the work we do, see our patent litigation and SEP/FRAND disputes expertise page. To read the full article, see the IAM website.


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