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Tesla asks UK court to let 5G patents lawsuit continue to trial
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Tesla asks UK court to let 5G patents lawsuit continue to trial
May 23, 2024 7:44 AM

LONDON, May 23 (Reuters) - Tesla on Thursday

asked a London court to allow its lawsuit against U.S.

technology firm InterDigital and a patent licensing platform to

continue, as the automaker seeks a patent licence ahead of its

launch of 5G vehicles in Britain.

Elon Musk's company is suing InterDigital and

Avanci - which licenses patents from multiple owners, largely

for automotive uses - at London's High Court.

Tesla wants the court to determine the fair, reasonable and

non-discriminatory (FRAND) terms of a licence for Tesla to use

patents owned by patent holders, including InterDigital and

which are licensed by Avanci, in its planned 5G vehicles.

InterDigital and Avanci, however, both say the case against

them should be thrown out, partly because any litigation should

take place in the United States rather than in London.

Thomas Raphael, a lawyer representing InterDigital, told the

High Court that what Tesla really wants from the case is a

licence on FRAND terms to use the patents.

"That is a licence InterDigital cannot grant and cannot make

Avanci grant," he said. Avanci, meanwhile, argues Tesla has no

contractual rights against it.

But Tesla, whose lawyers said in court filings that the

company "plans imminently to launch 5G vehicles in the UK",

argues that Avanci is demanding too much for a license and

refusing to negotiate.

"Avanci makes a basic demand of $32 per 5G-connected

vehicle, which is more than double the rate being paid by Tesla

and most other vehicle manufacturers for a 4G vehicle," Tesla's

lawyer James Segan said in written arguments.

He added that Tesla is entitled to have the High Court

determine what FRAND terms would be for a licence to use

InterDigital's patents around the world.

London's High Court has previously been willing to grant

global FRAND licences, bolstered by a landmark Supreme Court

ruling in 2021.

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