FRANDly Chat

Earlier this week, the UK Supreme Court decided that the UK court has jurisdiction to determine a claim challenging the FRAND rates offered by SEP holders as part of pool or platform joint licensing.

In today's episode of a FRANDly Chat, Sam Harvey and Richard Pinckney pick out some interesting points from the judgment. 

You can find Bristows' written analyses of the judgment via the links below:

Stop press: UK Supreme Court decision in Tesla v InterDigital & Avanci, Nadine Bleach

Opening the Door to Pool Determination: Tesla v InterDigital and Avanci | Kluwer Patent Blog

Naomi Hazenberg and Sam Harvey explore two judgments from the Court of Appeal in Acer & ASUS v Nokia. Both have leading judgments from Lord Justice Arnold, and they came in quick succession in early May.

They focus on the effect of a specific interim licence offer and what that can mean in the context for an implementer action, and also the jurisdictional gateways for those claims.

Note: All information was correct at the time of recording.

Join Richard Pinckney, Francion Brooks and Matthew Hunt for this ‘rapid reaction’ episode as they talk through five of the most interesting points from the English High Court’s latest FRAND determination, covering topics such as the Court’s selection of comparable licences, adjustments for non-FRAND factors, and the role of the ‘patentee’s choice’. 

Note: All information was correct at the time of recording.

Join Matthew Hunt and Sam Harvey for a whistlestop tour of the past year (and a bit) of interim licence judgments, working through cases such as Lenovo v Ericsson, Samsung v ZTE, ASUS v Nokia and more... Is the UK's interim licence regime here to stay and what happens next?

Note: All information was correct at the time of recording.

In this episode, Nadine Bleach and Francion Brooks discuss the latest trend in FRAND litigation - anti-suit relief. The discussion traverses the initial anti-interim licence injunctions granted in the UPC and Germany in Amazon v Interdigital and the reaction in the UK, including the AASI relief granted ex parte in Warner Brothers v Nokia.

In this episode, James Boon and Sam Harvey discuss the UK IPO’s SEP consultation and the UPC’s Patent, Mediation and Arbitration Centre (PMAC). From pondering whether these measures might fill the vacuum left by the demise of the EU SEP regulation, to scrutinising some of the details in the proposals and speculating on how they might work in practice.

In this episode, Richard Pinckney and Matthew Raynor unpack the Court of Appeal’s landmark decision in Optis v Apple, a judgment that reaffirms the UK’s approach to global FRAND licensing. They explore how the Court re-centred comparables analysis, revived the parties' valuation evidence, and addressed the tension between UK and US proceedings. 

How did the Court arrive at the $0.15 per unit royalty rate? Are top-down cross checks back in fashion? And what does this all mean for SEP litigation strategy in the UK? Tune in for analysis, context and key takeaways from one of the most important FRAND rulings in recent years.

Patent litigators Richard Pinckney and Sam Harvey consider the position of patent pools (or platforms) in UK SEP/FRAND licensing disputes following the Court of Appeal’s judgment in Tesla v Avanci which found that Tesla’s claim for a declaration of the FRAND terms to a licence to Avanci’s 5G Platform had no real prospect of success.

Note: This episode was recorded prior to the Court of Appeal handing down its judgment in Optis v Apple. (Originally recorded on 24.05.25).

In this episode, James Boon joins Francion Brooks to discuss the latest Court of Appeal judgment in Lenovo v Ericsson granting a declaration that a willing licensor in the position of Ericsson would grant Lenovo an interim licence. 

Note: All information was correct at the time of recording.

In this collaboration between our FRANDly Chat and You, me & the UPC podcasts, our experts, Naomi Hazenberg, Richard Pinckney and Francion Brooks, bring you a discussion on the first substantive FRAND decision of the UPC in Panasonic v Oppo.

Find our other FRANDly Chat episodes here and our other You, me & the UPC episodes here.

Note: All information was correct at the time of recording.