Tesla, Inc and another (Appellants) v InterDigital Patent Holdings, Inc and others (Respondents)
| Court | Supreme Court |
| Judge | Lord Sales ,Lord Briggs ,Lord Hamblen ,Lord Burrows ,Lord Kitchin ,Lord Leggatt |
| Judgment Date | 27 July 2026 |
| Neutral Citation | [2026] UKSC 27 |
| Hearing Date | 27 April 2026,29 April 2026 |
| Docket Number | UKSC/2025/0058 |
| Respondent | InterDigital Patent Holdings, Inc. and InterDigital Holdings, Inc.,Avanci, LLC,InterDigital Patent Holdings, Inc and InterDigital Holdings, Inc,Avanci Vehicle, LLC (formerly Avanci, LLC) |
Trinity Term
[2026] UKSC 27
On appeal from: [2025] EWCA Civ 193
JUDGMENT
Tesla, Inc and another (Appellants) v InterDigital
Patent Holdings, Inc and others (Respondents);
Tesla, Inc and others (Respondents) v InterDigital
Patent Holdings, Inc and another (Appellants) No 2
before
Lord Sales, Deputy President
Lord Briggs
Lord Hamblen
Lord Burrows
Lord Kitchin
JUDGMENT GIVEN ON
27 July 2026
Heard on 27, 28 and 29 April 2026
Appellants/Respondents – Tesla, Inc and Tesla Motors Ltd
Daniel Alexander KC
Andrew Lykiardopoulos KC
James Segan KC
Ligia Osepciu
(Instructed by Powell Gilbert LLP)
Respondents/Appellants – InterDigital Patent Holdings, Inc and InterDigital Holdings, Inc
Thomas Raphael KC
Maxwell Keay
Sophie Ryan
(Instructed by Gowling WLG (UK) LLP)
Respondents/Appellants – Avanci Vehicle, LLC (formerly Avanci, LLC)
Brian Nicholson KC
Kathryn Pickard KC
Miruna Bercariu
(Instructed by Osborne Clarke LLP and EIP Europe LLP)
Intervener – International Center for Law & Economics (written submissions only)
(Instructed by Pinsent Masons LLP)
Intervener – Computer & Communications Industry Association (CCIA) (written submissions
only)
(Instructed by Hogan Lovells Cadwalader International LLP)
Intervener – Motion Picture Association, Inc (written submissions only)
Lindsay Lane KC
(Instructed by Kirkland & Ellis International LLP)
Intervener – ACT | The App Association (written submissions only)
Thomas Hinchliffe KC
(Instructed by Kirkland & Ellis International LLP)
Intervener – Fair Standards Alliance (FSA) (written submissions only)
Colin West KC
(Instructed by Kirkland & Ellis International LLP)
Page 2
LORD HAMBLEN AND LORD KITCHIN (with whom Lord Sales, Lord Briggs
and Lord Burrows agree):
1. Introduction
1. This appeal raises issues of great importance for all those innovators and
implementers concerned with the production and operation of vehicles and other products
which need to connect with one another, and for that purpose need to comply with a
technical standard. The dispute concerns the terms of a global platform licence of
“standard essential patents” (or “SEPs”) offered by the fourth defendant (“Avanci”) to
automotive companies for use in 5G-enabled vehicles.
2. The claimants (together “Tesla”) wish to launch 5G-enabled vehicles in the United
Kingdom (the “UK”) and seek declarations as to the terms of a fair, reasonable and non-
discriminatory (“FRAND”) licence to use the SEPs on the 5G licensing platform operated
by Avanci, including those owned by the second defendant (together with the third
defendant, “InterDigital”).
3. The first question is whether there is a serious issue to be tried on Tesla’s claims
(“the Licensing Claims”) for declaratory relief against InterDigital and Avanci. This in
turn requires this court to consider whether the courts of England and Wales have
jurisdiction to decide a dispute concerning the terms of a licence to use a SEP in
circumstances where the claim is brought by an implementer rather than the SEP owner,
the SEP forms part of a platform of SEPs having different owners, and the licence is
offered by the platform operator acting as agent of those different SEP owners.
4. Secondly, there are issues as to whether the Licensing Claims against the second
defendant (“IDPH”) were properly served pursuant to CPR r 63.14(2) and the scope of
that rule; and whether the Licensing Claims against the third defendant (“IDH”) fall
within the classes of case for which permission to serve out of the jurisdiction may be
given because they pass through what is known as Gateway 3 or Gateway 11 of CPR PD
6B.
5. Thirdly, there is a dispute about the appropriate forum for the resolution of this
dispute. Here a question arises as to whether the Delaware Court of Chancery is an
available forum. If it is an available forum, further issues arise as to whether permission
to serve IDH and Avanci out of the jurisdiction should be set aside on the basis that
England and Wales is not clearly the more appropriate forum; and whether the
proceedings against IDPH should be stayed on the ground of forum non conveniens.
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