InterDigital scores third SEP win in Lenovo fight

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

InterDigital scores third SEP win in Lenovo fight

Entrance to the Royal Court of Justice

Court of Appeal judges overturned the High Court’s Mr Justice James Mellor, who was 'beguiled by a sleight of hand'

The England and Wales Court of Appeal reinstated an InterDigital-owned patent on appeal in a blow to Lenovo, today, February 9.

The judgment overturned an earlier ruling by the High Court’s Mr Justice James Mellor, who found the InterDigital 3G patent invalid as obvious in January 2022.

According to Lord Justice Richard Arnold’s lead opinion, Mellor was “beguiled by a sleight of hand” in one of Lenovo’s arguments and accepted an incorrect claim interpretation.

The appeal concerned a document cited by Lenovo during its cross-examination of InterDigital’s expert witness.

An answer from the witness to a particular question from Lenovo led Mellor to find that InterDigital’s claims lacked novelty.

But Lenovo’s question evaded the key issue that Mellor should have focused on instead, InterDigital successfully argued on appeal.

It was a minor issue that received little attention during the High Court trial, Arnold said.

Mellor’s mistake was understandable given the number of issues he had to deal with, Arnold added.

Today’s judgment is the latest in a series of wins for InterDigital in the dispute, and the second at the Court of Appeal in the last month.

“This latest UK court victory, our third in a matter of weeks, serves as further confirmation of the quality of our patented innovations,” said Josh Schmidt, chief legal officer at InterDigital.

Mellor’s judgment in the FRAND trial, which concluded last February, is currently pending and is one of the year's most keenly anticipated UK patent judgments.

more from across site and ros bottom lb

More from across our site

Sapna Palla, who joins the firm from A&O Shearman, said she was impressed by its work with major life sciences businesses
The court’s decision will have brands and their advisers ‘desperately reviewing’ portfolios and filing strategies, sources predict
Simona Lavagnini discusses the Greek classics, Rudyard Kipling's 'If', and how she dreams of beautiful words
Herbert Smith Freehills and Kramer Levin’s merger won’t be the last transatlantic tie-up if recent history is anything to go by
Betty Chen reveals litigation opportunities and provides an update on plans to double the firm's headcount in San Francisco
David Parrish expects AI to be among the major talking points for a newly formed committee aimed at protecting the interests of London-based IP practitioners, firms, and their clients
The court, which revealed that the parties had settled their dispute, also upheld findings of infringement
Wu Xiaoping of Wanhuida Intellectual Property says the methodology often applied in assessing inventiveness in pharmaceutical patent litigation cases is set to be used in re-examination and invalidation proceedings after the CNIPA makes an invalidation decision a quasi-precedent
Exclusive data and in-house analysis show that law firms should work smarter, not harder, to ensure their communication has greater impact on clients
The tie-up, which will create a firm with a combined revenue of around $2bn, will add around 10 US-based partners to Herbert Smith Freehills’s IP offering
Gift this article