Elon Musk’s Tesla on Monday won its bid to revive a London lawsuit against USÂ technology firm InterDigital and patent licensing platform Avanci, seeking a patent licence ahead of the automaker’s planned launch of 5G-enabled vehicles in Britain.
Tesla sued InterDigital and Avanci, which licenses patents from multiple owners primarily for automotive applications, in London’s High Court in 2023.
The electric carmaker asked the court to determine the fair, reasonable and non-discriminatory (FRAND) terms of a licence allowing it to use patents owned by holders including InterDigital and licensed through Avanci.
InterDigital and Avanci sought to have Tesla’s claim dismissed, and the High Court ruled in their favour in 2024. However, Tesla’s separate claim seeking to revoke three InterDigital patents was allowed to proceed.
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Tesla failed to overturn that decision at the Court of Appeal before taking its case to the UK Supreme Court, with support from interveners including technology lobbying group CCIA and the Motion Picture Association.
The Supreme Court ruled in Tesla’s favour, holding that patent owners do not escape their obligation to license standard-essential patents on FRAND terms simply by participating in a patent pool or licensing platform.
The case is now expected to return to the High Court.
Laurie Fitzgerald, president of Avanci Vehicle, said in a statement: “We respectfully disagree with today’s decision and continue to believe Tesla’s claims are without merit.”
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