Tuesday, July 16, 2024

Patents Court Dismisses Tesla’s Request for a Declaratory Judgment of Global FRAND Terms

Here is the decision, Tesla, Inc. v. IDAC Holdings, Inc., [2024] EWHC 1816 (Ch.), by Mr. Justice Fancourt.  The court writes “The main claim . . . brought by Tesla in this action is for a declaration that the terms of the Avanci Licence are not FRAND, and a determination of what terms (in practice, what rate) for such a licence are FRAND. . . . The claim . . . is one for which there is no precedent, seeking declaratory FRAND relief to a licence of non-UK patents whose owners are non-UK companies and are not parties to the claim” (paras. 14, 23).  It’s not a particularly long decision, but it seems quite thorough, and I will need a little while to digest it.  I hope to have more to say about it soon.

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