InterDigital and Bird & Bird challenge UK High Court jurisdiction in Amazon case

The dispute between InterDigital and Amazon over a licence to InterDigital’s video streaming portfolio is still in its early stages, but the two opponents have already met several times in court. So far, the main issues have centred on anti-interim-licence injunctions and anti-suit injunctions at the UK High Court and the UPC’s Mannheim local division. The dispute has already attracted significant international attention.

However, the courts have yet to address the core issues: Is Amazon entitled to a FRAND rate set by the UK High Court? Is InterDigital entitled to injunctions in the UPC territory and Germany?

Today and tomorrow, the parties will again face off at the UK High Court. Judge Richard Meade will hear arguments on whether the court has jurisdiction to set a global FRAND rate for InterDigital’s portfolio, as Amazon has requested.

In late August 2025, Amazon sought a declaration of non-infringement at the High Court, alleging InterDigital had abused a dominant position. Amazon also sought declarations concerning InterDigital’s obligations under the ITU-T FRAND commitment (case ID: HP-2025-000043).

The US-based SEP owner is challenging the London court’s jurisdiction. Barristers Michael Bloch from Blackstone Chambers and Tom Jones from 8 New Square are representing InterDigital today in the Rolls Building courtroom on Fetter Lane.

Three core arguments

InterDigital raises three main arguments based on contract law: Firstly, as the patents were standardised under ITU-T rules, Swiss law applies and therefore a Swiss court should decide instead of a UK court; Secondly, the UK High Court lacks jurisdiction to hear a case based on Swiss law between two US companies; Thirdly, arbitration should be used instead of a FRAND-rate setting in London.

A London team from Bird & Bird led by Richard Vary is also representing InterDigital. The team includes Katharine Stephens, Tom Darvill, Zoe Fuller, Lucy Flaim, Francesca Budd, Rhiannon Graves, and Charlotte Edmondson.

Amazon disputes these arguments. Its barristers Andrew Lykiardopoulos from 8 New Square and Ligia Osepciu from Monckton Chambers will argue that their client has applied for a FRAND-rate setting based on UK patents. They contend a Swiss court would not accept such a claim based on UK patent law.

Paul Brown from Hogan Lovells is Amazon’s UK lead counsel. Will Buswell, Ian Moss and Jemma Trainor are also assisting Amazon in the UK proceedings. Amazon’s Vice President Intellectual Property Scott Hayden and Associate General Counsel IP Marc Ascolese are coordinating the dispute in-house.

Judge Richard Meade will hear arguments from both sides over two days. Should he ultimately deny his court’s jurisdiction, Amazon would face difficulties as the UK FRAND-rate setting is its main defence.

Weekly court battles

InterDigital and Amazon initially battled over anti-interim-licence injunctions and anti-suit injunctions. On 11 November, the SEP holder filed its first infringement suits against Amazon in the US Federal District Court in Delaware, Rio de Janeiro State Court, Munich Regional Court and the UPC’s Mannheim local division.

All patents-in-suit relate to video content compression and picture quality improvement through high dynamic range (HDR) technology. InterDigital claims Amazon infringes these through devices including FireTV and Kindle, and services including Prime Video. Without the UK FRAND-rate setting procedure as a backup, Amazon could face injunctions from the UPC and Germany.

The two opponents met before Richard Meade on 25 November. The hearing concerned extending the UK High Court’s AASI against the AILIs that the UPC Mannheim local division and Munich Regional Court had issued against Amazon. Meade’s judgment is expected soon.

Eleven days earlier, the companies and their German lawyers faced eachother at the Mannheim local division for Amazon’s appeal against the ex parte AILIs. The local division’s judgment is also expected shortly.

RAND trial in September 2026

In late October, both sides negotiated accelerating the RAND trial at the UK High Court. Meade granted this request and will hear the RAND trial beginning 14 September next year.

This marks Meade’s first major SEP trial since joining the UK High Court as a judge in 2020. All other SEP cases on his docket so far, such as Panasonic vs Xiaomi and Oppo, settled quickly. If InterDigital and Amazon maintain their current litigation pace, this dispute could still reach a similar outcome within the next 12 months.

Continental advisors

In the German and UPC proceedings, litigators from Arnold Ruess represent InterDigital. The Arnold Ruess team comprises partners Cordula Schumacher and Arno Riße. A df-mp patent attorney team led by Dominik Ho and David Molnia also represents the company.

For the German and UPC proceedings, Amazon has relied on Klaus Haft of Hoyng ROKH Monegier. The Hoyng ROKH Monegier team also includes Dutch and German lawyers.