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Lenovo's appeal against the denial of an interim injunction against Ericsson has been dismissed by the Court of Appeal (Motorola Mobility LLC and another v Ericsson Ltd and another)

Published on: 08 October 2024
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Article summary

IP analysis: On 30 September 2024, the Court of Appeal dismissed an appeal by Lenovo against an order by Mrs Justice Bacon dated 23 May 2024, denying Lenovo's application for an interim injunction to restrain Ericsson from infringing a Standard Essential Patent (SEP). The court applied the American Cyanamid principles and decided that damages would be adequate compensation for Lenovo for infringement of the SEP. The Court of Appeal considered the Judge was correct to reach that conclusion, and also rejected Lenovo's challenge to the application of the American Cyanamid principles in SEP disputes. The decisions of the UK court are of particular significance in Fair, Reasonable, and Non-Discriminatory (FRAND) cases, given that it is one of the few jurisdictions in which global FRAND terms may be set by the court. The court affirmed that SEP holders committed to FRAND terms are generally...

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