Overview
- The UK Supreme Court on Monday allowed Tesla to revive its London lawsuit asking the courts to set fair, reasonable and non‑discriminatory (FRAND) licence terms for 5G patents.
- The justices said joining a patent pool or licensing platform does not free patent owners from their FRAND commitments, meaning platform operators and individual holders can face direct FRAND claims.
- Tesla first sued InterDigital and Avanci in 2023 and saw its claim dismissed by the High Court in 2024 and mostly rejected by the Court of Appeal before the Supreme Court overturned those rulings.
- Tesla argues Avanci’s posted 5G rate is unfair — it has pointed to a $32 per‑vehicle price as more than it should pay — and the case could decide whether a court can set a lower, court‑scrutinised rate.
- The case now returns to the High Court for a full hearing on licence terms and related claims and could reshape how carmakers, patent holders and pools negotiate and price SEP licences.