Interdigital v Lenovo (Confidentiality) [2023] EWHC 1577 (Pat) 

28 June 2023

In proceedings about what information should be included in the unredacted version of the main judgment in a FRAND case, Michael Conway (led by Douglas Campbell KC of 3 New Square) appeared for the claimant Interdigital, while Martin Howe KC appeared for Wistron Corp a third party licensee of the claimant whose information was involved.

In his Judgment on Confidentiality, Mellor J followed the approach adopted by Birss J in Unwired Planet v Huawei [2017] EWHC 3083 (Pat) at [23]-[24]. He balanced the continued protection of commercially sensitive information (in particular the rates and conditions in current or recently expired licences) against ensuring that the public version of his FRAND Judgment sets out the important parts of his reasoning (which may require some details of licences key to the reasoning and/or of historic licences to be made public). Overall he decided to remove relatively few of the redactions from the public version of the FRAND judgment.

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