RAND licence battle in InterDigital against Amazon continues over Christmas

The Unified Patent Court never sleeps. This analysis had already prevailed in 2024 and also applies to the Christmas season this year. Shortly before the holidays, the Mannheim local division under presiding judge Peter Tochtermann published its decision in Amazon’s appeal against an ex parte anti-interference licence injunction (AILI).

InterDigital had received this from both the local division and the Regional Court of Munich in a dispute over a licence for its video streaming portfolio at the end of September. At that time, both rulings from Mannheim and Munich prevented Amazon from seeking an interim licence in the UK that would have extended to UPC and continental European jurisdictions. Both courts held that compulsory interim licences undermine the fundamental right of patent enforcement.

UPC orders high penalty

On 22 December, the Mannheim local division not only rejected Amazon’s objection to the ex parte order and thus also confirmed the AILI. At the same time, the court also ordered an unusually high penalty if Amazon does not comply with the order.

The judgement of the local division states: “In case any or all of the Respondents disobey this Order, a penalty of up to € 50.000.000 may be set.”

Only two days later, the local division informed the European Commission about the AILI orders. This is initially a formal step under EU law. However, it is likely to increase the pressure on Amazon and the UK High Court, as the competition authorities in Brussels are now involved.

Both current orders from the Mannheim local division can be found in the UPC case search (case ID: UPC_CFI_936/2025). However, they do not yet appear in the UPC decision database. The case data also shows that Amazon immidiatly filed an appeal against the local division’s order on 23 December (case ID: UPC_COA_0000936/2025).

At the end of November, the Regional Court of Munich under presiding judge Georg Werner also confirmed its AILI after Amazon had also filed an complaint to review the ex parte decision (case ID: 21 0 12112/25). It is not confirmed whether Amazon has already filed an appeal to the Higher Regional Court against the latest ruling. However, this is very likely.

UK High Court protects its jurisdiction

The dispute started in August after InterDigital and Amazon were unable to agree on a licence for InterDigital’s video streaming portfolio. Amazon then asked the UK High Court to determine a RAND rate for InterDigital’s video streaming protfolio. InterDigital is trying to prevent this.

Back in October, UK High Court protected its jursidiction by issuing a temporary anti-anti-suit injunction against InterDigital and the AILIs from the continent (case ID: HP-2025-000043).

With the ex parte AASI, the High Court aimed to prevent InterDigital from blocking the British proceedings with further legal action. Following this presiding judge Richard Meade accelerated the main proceeding regarding a RAND rate determination.

The UK High Court did not stop work over the Christmas season either. Shortly before the holidays Richard Meade dismissed InterDigital’s challenge that the UK High Court lacks jurisdiction to decide on a RAND rate. JUVE Patent has learned from London sources that the ruling was handed down on 19 December. It is not yet publicly available.

The dispute between the SEP holder and the implementor is also likely to continue in London, as in all probability InterDigital will take its jurisdictional challenge to the UK Court of Appeal.

Find out more about the case and its advisors here and here.