Interdigital v Lenovo: FRAND rates between mutually unwilling parties

Publication details 

Robin Jacob and Dheemanth Vangimalla, ‘Interdigital v Lenovo: FRAND rates between mutually unwilling parties’ in Jorge Contreras (ed), FRAND Cases in Context (2026, Edward Elgar).

Abstract

InterDigital v Lenovo is the second case in which the English courts have determined a global FRAND royalty rate for a SEP portfolio. This was the first case in which the issues of principle as to the correct treatment of past sales by implementers have been raised for determination. Both the High Court and the Court of Appeal confirmed that limitation periods do not apply when assessing FRAND terms, and that interest is owed on past sales under such terms. The English courts once again confirmed the jurisdiction’s willingness and ability to thoroughly examine and engage with valuation evidence and methodologies. Overall, the decisions in InterDigital v Lenovo reinforce the forum’s reputation for being balanced and robust when it comes to setting global FRAND terms.

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