Search
On 27 July 2026, the Supreme Court handed down its judgment in Tesla v InterDigital & Avanci [2026] UKSC 27, reversing the majority of the Court of Appeal (Phillips and Whipple LJJ) and holding that the English Courts have jurisdiction to consider claims for declaratory relief as to the fair, reasonable and non-discriminatory (FRAND) terms of a licence to a pool of standard essential patents (SEPs) owned by multiple entities and managed by a single administrator.
The Supreme Court has also confirmed that “implementer-commenced” F/RAND claims may be served on UK SEP holders (i) pursuant to CPR 63.14, where relevant patents have a registered address for service in the UK and (ii) out of the jurisdiction pursuant to Gateway 11, where relevant patents have a registered address for service outside of the UK.
Ligia Osepciu acted for Tesla (instructed by Powell Gilbert) in the Supreme Court and below.