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Tesla wins bid to revive UK lawsuit for 5G patents licence

Tesla wins bid to revive UK lawsuit for 5G patents licence

The logo of car manufacturer Tesla is seen at a dealership in London, Britain, May 14, 2021. REUTERS/Matthew Childs/File Photo

Elon Musk’s Tesla on Monday won its bid to revive a London lawsuit brought against U.S. technology firm InterDigital and a patent licensing platform, seeking a patent licence ahead of the automaker’s launch of 5G vehicles in Britain.

Tesla sued InterDigital and Avanci – which licenses patents from multiple owners, largely for automotive uses – at London’s High Court in 2023.

The company wanted the court to determine the fair, reasonable and non-discriminatory (FRAND) terms of a licence for Tesla to use patents owned by patent holders, including InterDigital and which are licensed by Avanci.

InterDigital and Avanci asked the court to throw out Tesla’s bid for a ruling on FRAND terms for a licence and the High Court ruled in their favour in 2024, though Tesla’s claim to revoke three of InterDigital’s patents could continue.

Tesla unsuccessfully appealed against that ruling at the Court of Appeal before challenging it at the United Kingdom’s Supreme Court, supported by interveners including tech lobbying group CCIA and the Motion Picture Association.

The Supreme Court ruled in Tesla’s favour, saying that owners of patents are not released from obligations to licence them on FRAND terms just by joining a patent pool or 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.”

Tesla and InterDigital did not immediately respond to a request for comment.

(Reporting by Sam Tobin)

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