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.