Wednesday 14 – Thursday 15 December 2022
By Appellant’s Notice filed on 20th December 2021 the Defendants/Appellants appeal the Order of HHJ Hacon (sitting as a High Court Judge) dated 29th November 2021 in which he declared a patent to be valid, that the Defendants had been in breach of it and entered judgment for the Claimants accordingly, dismissing the Defendants’ counterclaim.
Background – This case was the first of a series of trials concerning five patents claiming inventions in the field of 3G and 4G telecommunications technology. The present trial concerns European Patent (UK) No. 2 485 558 (“the Patent”). The invention is entitled “Method and apparatus for providing and utilizing a non-contention based channel in a wireless communication system”. It has a priority date of 31 January 2006. There is no challenge to priority. The First Claimant is the owner of the Patent who were in discussions with the Defendants to license it and other Patents within the portfolio. InterDigital alleges that Lenovo is not a willing FRAND licensee or alternatively will not commit to accepting the burden of the FRAND licence offered and that accordingly Lenovo cannot enforce InterDigital’s FRAND obligations. InterDigital further claims that Lenovo has imported 4G devices into the United Kingdom and has marketed those devices here, thereby infringing the Patent. Lenovo rejects the proposition that InterDigital’s offers of a licence are FRAND. Lenovo admits the importation and marketing of the devices alleged to infringe the Patent but denies that they infringe and counterclaims for a declaration that the Patent is invalid.