The Court of Appeal today handed down judgment following the appeal by Lenovo for a declaration as to the terms of an interim licence pending a FRAND trial in the ongoing dispute between Lenovo and Ericsson. The Court of Appeal allowed the appeal, holding that (1) Ericsson are in breach of their obligation of good faith under clause 6.1 of the ETSI IPR Policy by pursuing claims for injunctions and equivalent remedies in foreign courts and tribunals despite Lenovo having undertaken to enter into a licence on the terms determined by the Patents Court to be FRAND (subject to adjustment on any appeal) and having offered to submit to determination of FRAND terms by the Federal Court for the Eastern District of North Carolina; (2) a willing licensor in the position of Ericsson would enter into an interim licence with Lenovo pending that determination; (3) making the declaration sought by Lenovo would serve a useful purpose; and (4) the declaration should not be refused on the grounds of comity. Andrew Lykiardopoulos KC appeared for Lenovo and Edmund Eustace appeared for Ericsson.
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