“Lenovo and Ericsson’s Global 5G Patent Dispute Reaches Unified Patent Court”
The global dispute between tech giants Lenovo and Ericsson over 5G patents, which originated in the US, has now reached the Unified Patent Court (UPC). Lenovo subsidiary Motorola has filed two infringement suits with the Munich local division. The dispute began in October 2023 when Ericsson filed the first patent lawsuits with the Eastern District Court of North Carolina, followed by complaints with the International Trade Commission (ITC).
The two suits filed by Motorola are based on a Standard Essential Patent (SEP). The first, EP 3 342 086, protects a method and apparatus for low-latency transmission, while the second, EP 3 780 758, safeguards a network slice selection based on application category in a wireless communication system. However, Lenovo is not seeking a Europe-wide injunction from the UPC, possibly due to its ongoing action at the UK High Court in London.
In a surprising move last November, Lenovo responded to the first US patent infringement and ITC cases filed by Ericsson by filing a lawsuit to establish a global cross-license. Instead of retaliating with its own patents, Lenovo chose a different path in London. The company is attempting to concentrate the dispute in the UK capital, hoping that a global FRAND (Fair, Reasonable, and Non-Discriminatory) cross-license determination by the UK High Court could lead to a global patent peace between the two adversaries.
London is currently seen as the central court for a FRAND determination in global patent disputes. The UK High Court judges have reportedly asked the two companies to agree on an interim regime and to halt enforcing injunctions until a competent court decides on a FRAND rate.
Lenovo also announced that it has filed a claim based on one SEP with the UK High Court on 12 February. The company asked the court for a preliminary injunction (PI) against Ericsson in the UK, or an interim regime to stay any enforcement against one of the parties during the FRAND rate setting. This move is likely aimed at the PIs in Brazil and Colombia.
Meanwhile, in the US, Ericsson initially focused on the two American continents, achieving success with various ex parte preliminary injunction proceedings against Lenovo in Brazil and Colombia. However, on 13 February, Lenovo failed to secure a temporary restraining order from the Eastern District Court of North Carolina to prevent Ericsson from enforcing PIs in Brazil and Colombia.
In the legal battle, Lenovo is working with several law firms in Germany, including Freshfields Bruckhaus Deringer and Hoyng ROKH Monegier. The latter’s partner, Klaus Haft, has represented Lenovo in past disputes against Nokia. Lenovo is also relying on a London team from Kirkland & Ellis, led by Nicola Dagg and partner Oscar Robinson, to conduct the proceedings in London and coordinate the global dispute.
On the other side, Ericsson’s lead law firm in Germany is Kather Augenstein, with Düsseldorf-based partner Christof Augenstein representing the Swedish company in major disputes with Apple and Samsung. In the UK, Ericsson is represented by Pinsent Masons and Taylor Wessing, while in the US, the company works with Alston & Bird.
As the global dispute between Lenovo and Ericsson continues, the tech world watches closely. The outcome could have significant implications for the future of 5G technology and the handling of global patent disputes.