InterDigital v Amazon (UPC_CFI_936/2025)
Decision date:
22 December 2025
Osborne Clarke summary
- This decision was handed down following an inter partes hearing to consider the ex parte anti-interim-licence injunction (AILI) granted by the Mannheim LD on 30 September 2025. Amazon had been prohibited by the Mannheim LD from initiating or pursing anti-suit injunctions or any “equivalent judicial or administrative measure” that would prevent InterDigital from enforcing its patent rights before the UPC.
- The Mannheim LD confirmed its earlier order and maintained the AILI. In doing so, the court emphasised that the injunction covered any measure that had the effect of restraining enforcement in the UPC. This, therefore, included applications for interim licence declarations in England and final (F)RAND rate-setting measures, which once granted, would prevent a patentee from arguing its case and enforcing patent rights before the UPC.
- The Mannheim LD held that an English interim licence would be abusive and inappropriate in its view because: (i) the concept of an interim licence is not necessary to protect English proceedings; (ii) its aim is to deprive patentees of their right of access to justice and pursuing their fundamental (intellectual) property rights before an EU court; and (iii) its objective is to provide a contractual defence to infringement actions in other jurisdictions.
- The Mannheim LD incorporated a detailed penalty warning: up to €50 million per breach and up to €500,000 per day for continued non-compliance, reserving the right to revisit penalties in enforcement proceedings.
- To read more about this decision, see our insight here.
Issue
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