Jurisdiction(s):
United Kingdom

InterDigital v Amazon: English Patents Court issues anti‑anti‑suit injunction to safeguard FRAND determination after UPC and Munich anti‑interim‑licence orders

Published on: 20 November 2025

Published by a LexisNexis IP expert

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Article summary

In recent weeks there has been a surge of activity before both the Unified Patent Court (UPC) and the national courts in the UK and Germany, arising from a dispute between InterDigital and Amazon concerning digital streaming patents and FRAND (fair, reasonable and non-discriminatory) licence terms. For simplicity, this piece uses the label ‘FRAND’, although the standards at issue technically refer to ‘RAND’ (reasonable and non-discriminatory); in practice there is no distinction between them. At the close of September, the UPC’s Mannheim Local Division, alongside the German Munich Regional Court, granted InterDigital, on a without notice basis, the first ‘anti-interim-licence’ injunction. That order triggered further steps in the English Patents Court, where Mr Justice Meade voiced serious reservations about the submissions advanced by InterDigital to obtain the injunction, and later, in a further hearing (also on a without notice basis), awarded Amazon anti-anti-suit relief against InterDigital. Superficially, these moves might look like a jurisdictional confrontation between the English and UPC courts. Yet the English Patents Court has carefully presented its response not as a challenge to the foreign courts themselves, but as a measured reaction to InterDigital’s litigation conduct, focused on the propriety of the tactics employed in securing relief...

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