Tech

Amazon v InterDigital (UPC_CoA_936/2025)

Decision date:

29 December 2025

Court
Court of Appeal
Patent
EP 2 449 782

Full decision available here:

Osborne Clarke summary

  • Amazon applied to the UPC Court of Appeal seeking suspensive effect of the Mannheim LD’s 22 December review order (limited to the aspects allegedly affecting the “final relief” sought in England). The standing judge of the UPC Court of Appeal rejected the application.
  • In refusing the application, the court reiterated that appeals do not usually have suspensive effect under Article 74(1) UPCA and it would only be granted in exceptional circumstances, such as a manifestly erroneous decision or enforcement rendering the appeal devoid of purpose.
  • The court held that: (i) Amazon had not shown any manifest error; (ii) the interaction between the English measures and the Mannheim LD’s order raised complex issues unsuitable for a summary suspensive ruling; and (iii) Amazon had not established that it would suffer irreversible harm requiring urgent suspension, especially given the availability of adversarial processes and appellate remedies concerning any penalty proceedings.
  • To read more about this decision, see our insight here.

Issue

FRAND

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