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

A UK government consultation on AI and copyright, a patent blow for Lenovo and a trademark row over cider were among the big talking points this week
Our most popular stories of the year included a rundown of the 50 most influential people in IP, our in-house ones to watch, and UPC news
Awards
It is time to submit nominations for the sixth annual Life Sciences Awards EMEA
Keejeong Kim, who returned to Yulchon after a four-year gap, said he was intrigued by the opportunity to work on neighbouring areas of law to IP
The IP consulting firm hopes to expand its services and outreach with the support of investors VSS Capital Partners and Century Equity Partners
This update includes a ruling from the Court of Appeal, a judgment of the Paris Local Division, news of upcoming hearings, and predictions for 2025
US counsel review the key copyright and trademark trends of 2024, including generative AI disputes and SCOTUS cases
If 2024 is anything to go by, the next 12 months could see more IP firms seek investment opportunities while IP lawyers are increasingly likely to work alongside other functions
Practitioners reflect on the impact of USPTO guidance, as well as PTAB and litigation trends
We discuss Managing IP’s 50 most influential people in IP list and look back on the biggest talking points in the last month
Gift this article