Jurisdiction(s):
United Kingdom

Life Sciences update: UK and EU—FRAND confidentiality, NHS IP overhaul, R&D funding, MHRA device waivers and Q3E, Digital Omnibus, UDI-DI guidance, Biotech Act proposals (20 November 2025)

Published on: 20 November 2025

Published by a LexisNexis Life Sciences expert

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In this issue:

Confidentiality
Data protection and life sciences
Intellectual property
Research and development
Medical devices
Pharmaceutical framework
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New and updated content
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Confidentiality

Court of Appeal sets out the approach to confidentiality and corrections in FRAND litigation (InterDigital Inc v Optis Cellular Technology LLC)

This Court of Appeal ruling explains how UK courts should treat confidentiality in patent disputes, particularly in fair, reasonable and non‑discriminatory (FRAND) matters. Notably, it accepts that affected non‑parties, such as third‑party licensees, have a right to be heard on confidentiality questions. The court confirmed that a wide range of confidential material may properly be redacted, and emphasised that a licence’s age or expiry does not, of itself, remove commercial value or the need for protection. Such material can be protected where a balancing exercise shows a likelihood of commercial harm from disclosure. It also articulated a single legal test for redaction scope: a fact‑sensitive balance between open justice and the risk of real commercial harm. The judgment further addressed post‑judgment factual corrections, indicating that ‘slip‑rule’ applications may...

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