New UK judge: FRAND anti-anti-suits could create ‘total mess’

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

New UK judge: FRAND anti-anti-suits could create ‘total mess’

james-mellor-comp.jpg

In his first interview since joining the bench, Mr Justice Mellor talks exclusively to Managing IP about why some FRAND litigation tactics are not sustainable

The newly appointed judge at the England and Wales High Court says judicial authorities may need to show restraint to avoid running into a “total mess” in FRAND patent disputes.

Speaking exclusively to Managing IP, Mr Justice James Mellor says the rising trend of anti-anti-suit injunctions is not sustainable.

“It does create a potentially very difficult situation. It is going to require some forbearance amongst judicial authorities across the world, otherwise we are just going to get into a total mess,” says Mellor.

Anti-anti-suit injunctions aim to get a court to stop the infringement proceedings of a company in an anti-suit injunction in another country. In each instance, one jurisdiction is pitted against another as standard essential patent owners and implementers go to war over fair, reasonable and non-discriminatory (FRAND) licensing terms.

At the MIP International Patent Forum earlier this month, counsel said a major concern for industries involved in FRAND disputes is that if companies continue to escalate their litigation battles, there is no telling where the trend will end.

Defining things in simple terms, Mellor notes that each patent is a monopoly granted by a particular jurisdiction, and that each jurisdiction has to have the power to rule on that monopoly right. “I suppose that’s the route of the problem, with multiple territorial rights at play.”

He adds: “You have to look at your own jurisdiction and not overstep it. There are certain jurisdictions around the world where they will say ‘you have overstepped the mark’; often that is disputed because the precise basis is not understood.

“We have to wait and see what happens with the anti-anti-anti-suit injunction trend.”

The full interview, in which Mr Justice Mellor also discusses why he moved to the bench, why a fully equipped patents court is so vital, and why ‘soft IP’ disputes are just as important as complex patent cases, will be published in due course.

more from across site and SHARED ros bottom lb

More from across our site

Leaders at Malaysian law firm Skrine explain why cost remains a major pain point for Malaysian businesses and how client service can help a firm stand out
Wendy Heilbut of Heilbut LLP explains some of the hidden risks of using AI to help create a new brand
The law firms that signed an amicus brief in support of others under attack must be lauded, but more large firms should join them
Lisa Kobialka, partner at Kramer Levin, believes the combination will better position the group to work on multi-jurisdictional disputes
Senior members of Dentons Link Legal discuss how the firm’s integration with IP boutique Aumirah, and being part of the wider Dentons group, will help scale the firm’s IP practice
The court announcing it will follow the EPO on inventive step, a case with a Chinese element, and three big settlements were among the top talking points this fortnight
US firms have been on top of the lateral hiring market and performed strongly in Managing IP's Americas Awards and the IP STARS rankings, a trend that could continue this year
Amicus brief signed by various firms said Donald Trump’s executive orders have sought to ‘cow every other firm, large and small, into submission’
Börge Seeger reveals the similarities between IP strategy and F1, and opines on bookshops, espresso machines, and late-night emails
The tie-up will add around 10 US-based partners to Herbert Smith Freehills’ IP offering
Gift this article