Tesla wins UK Supreme Court bid to revive 5G patent lawsuit

Key facts

• Tesla's lawsuit seeking a 5G patent license for its vehicles in the UK has been revived by the UK Supreme Court.
• The Supreme Court ruled that patent owners cannot avoid Fair, Reasonable, and Non-Discriminatory (FRAND) licensing terms by participating in a patent pool.
• The case, originally brought in 2023, will now return to the High Court for further proceedings.
• Tesla is seeking these licenses to launch 5G-powered cars in Britain.

The UK’s highest court has allowed Tesla to revive a lawsuit over 5G licensing for its electric cars, overturning a previous dismissal. Tesla sued Avanci, a patent licensing supplier, and technology firm InterDigital in 2023, seeking a license for 5G technology in its UK vehicles. The carmaker claims it has been unfairly penalized and seeks a fair price for the licensing deal.

Previously, a court had dismissed Tesla's claim, suggesting the case should be heard in Delaware, USA, as the parties were legally tied to the state. Tesla appealed this decision in December 2024. In early 2025, a split decision indicated that one judge believed the case should proceed to a full trial in the UK.

On Monday, the Supreme Court ruled in favor of Tesla, with Lord Justice Hamblen stating that the previous court had "misidentified" the claim regarding Delaware's suitability. The court determined that Tesla has a "real prospect" of securing the declarations it seeks against both InterDigital and Avanci, and that the case relates to UK patent rights, allowing it to proceed in English courts. The court also noted that Tesla has a "legitimate purpose" in bringing the case, as it encourages wider investment and innovation in the electric vehicle market.