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In a significant development for SEP litigation in Europe, the Mannheim Local Division of the Unified Patent Court (UPC) has issued an ex parte order in UPC_CFI_936/2025, granting provisional measures in favour of InterDigital against Amazon. The order prohibits Amazon from pursuing interim licences, anti-suit-injunctions or equivalent measures which might prevent InterDigital from bringing patent infringement proceedings before the UPC.
On 29 August 2025, Amazon commenced FRAND proceedings in the UK, including referring to a potential interim licence in the particulars of claim. InterDigital sought urgent relief to prevent Amazon from pursuing an application for an interim licence at the UK High Court. InterDigital argued that such an interim licence (or a declaration that a willing licensor would offer an interim licence in the circumstances) posed a serious threat to its ability to enforce its European patents before the UPC.
The Mannheim Local Division granted InterDigital's application for provisional measures, issuing an anti-interim-licence injunction. The order prohibits Amazon from seeking interim licences or related declarations in the UK High Court that would effectively prevent InterDigital from bringing infringement proceedings elsewhere. In a parallel German national action, the Munich Regional Court also granted InterDigital a corresponding anti-interim-licence injunction.
The Mannheim Local Division imposed a daily penalty of up to €250,000 for non-compliance and made the order immediately enforceable, subject to the provision of security within 20 days.
InterDigital must initiate main infringement proceedings at the UPC within 31 calendar days or 20 working days, whichever is longer, to maintain the provisional measures. Amazon may seek a review of the order within 30 days of execution.
The Mannheim Local Division found that the granting of an interim licence (or declaratory relief) would threaten InterDigital's fundamental right to enforce its intellectual property rights under European law. The court held that procedural enforceability is an inherent aspect of patent rights and that access to justice before the UPC is protected under EU law, including the EU Charter of Fundamental Rights and the European Convention on Human Rights.
The court was critical of the UK courts' practice of issuing interim licence declarations, which it viewed as a de facto prohibition on litigation in other jurisdictions. It noted that such declarations, even when not enforceable by coercive means, exert significant pressure on SEP holders and undermine their ability to seek injunctive relief elsewhere.
The order adds to the growing tension between the UPC and UK courts on jurisdictional issues, including in the context of global FRAND licensing disputes. Meanwhile, with the UPC issuing decisions regarding the infringement and validity of the UK parts of European patents (following the CJEU's landmark decision on jurisdiction in BSH Hausgeräte vs Electrolux), one wonders how long it will be before the UK courts strike back by granting anti-suit injunctions of their own.
J A Kemp LLP acts for clients in the USA, Europe and globally, advising on UK and European patent practice and representing them before the European Patent Office, UKIPO and Unified Patent Court. We have in-depth expertise in a wide range of technologies, including Biotech and Life Sciences, Pharmaceuticals, Software and IT, Chemistry, Electronics and Engineering and many others. See our website to find out more.
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