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Lenovo Prevails in UK Appeal Against Ericsson in Interim Patent License Dispute

Lenovo secured an appeal victory in the UK on Friday in its bid for an interim license to utilize Ericsson's patents amid the ongoing global licensing dispute between the two companies.

Recent court decisions in England have allowed parties to pursue temporary patent licenses while legal proceedings unfold, as seen in Amazon's case against Nokia.

In 2023, Lenovo initiated legal action against Ericsson at the High Court in London, adding to the array of lawsuits exchanged globally between the two firms concerning 4G and 5G wireless technology. Conflicts have also erupted in Brazil, Colombia, and the United States.

The heart of their discord revolves around establishing fair, reasonable, and non-discriminatory (FRAND) terms for accessing Lenovo and Ericsson's patents, a contentious issue triggering international legal battles within the telecommunications sector. English courts hold the authority to define global FRAND terms following a UK ruling in 2020.

In London, Lenovo petitioned for a statement that a willing licenser would agree to a short-term license until the final determination of FRAND terms. Initially rejected last year, the Court of Appeal overturned this decision on Friday.

Judge Richard Arnold found Ericsson failed to act in good faith by pursuing claims in foreign courts despite Lenovo's willingness to comply with the FRAND terms set by English courts. Arnold indicated that a willing licenser like Ericsson would engage in an interim agreement with Lenovo, expressing the hope that Ericsson would opt to do so.

Arnold specified that the FRAND terms for the interim license would involve Lenovo making "a nine-figure dollar sum" payment to Ericsson.

Laura Quatela, Lenovo's Chief Legal Officer, remarked that the ruling confirms Lenovo's willingness as a licensee and reinforces their dedication to promoting transparency and equity in global FRAND licensing.

Ericsson chose not to provide a statement.