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Implementer Turns to Standards Body After SEP Owner Declines to Offer Interim License

March 16, 2025

The multijurisdictional standard essential patent (SEP) dispute between patent owner Ericsson and implementer Lenovo has spilled beyond the courts in the wake of a notable appellate ruling. In late February, the UK Court of Appeal held that a willing licensor in Ericsson’s position would have offered Lenovo an interim license prior to the court’s determination of a final fair, reasonable, and nondiscriminatory (FRAND) license. After Ericsson opted not to offer that license by the March 10 deadline later set by the Court of Appeal, the court automatically found under the conditions of the order setting the deadline that the company had breached its FRAND obligations and acted as an “unwilling licensor”. In response, Lenovo has reportedly turned to the European Telecommunications Standards Institute (ETSI), the standard-setting organization (SSO) to which the relevant FRAND commitments were made, filing a dispute invoking a clause of the ETSI intellectual property rights (IPR) policy concerning “[n]on-availability of licenses” (clause 8.2).


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