Amazon.com v InterDigital VC Holdings (CoA, 29 December 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 29 December 2025 (UPC_CoA_936/2025), the President of the Court of Appeal, sitting as standing judge in a case of extreme urgency under Rule 223.4 RoP, dismissed five Amazon companies’ request for suspensive effect against the Mannheim Local Division’s order of 22 December 2025. That order had confirmed the ex parte order of 30 September 2025 prohibiting Amazon, at InterDigital’s request (EP 2 449 782), from pursuing before the High Court of England and Wales requests for an interim licence or a court-determined licence that would hinder infringement actions before the UPC, with penalty payments of up to EUR 50,000,000. Amazon targeted only the part of the order concerning its « Final Relief » request in the UK.

Question

Is the Mannheim order manifestly erroneous, or would its enforcement render the appeal devoid of purpose, so as to justify suspensive effect?

Decision

Suspensive effect is granted only in exceptional circumstances, where the impugned order is manifestly erroneous or its enforcement would render the appeal devoid of purpose (paragraph 8). Whether a UK court-determined licence amounts to anti-suit relief requires an in-depth analysis of the High Court’s orders and does not make the order manifestly erroneous, without prejudging the merits (paragraphs 9 and 10). The statement that Amazon « may be in breach » merely supports a continuing imminent risk. Any penalty proceedings of the Court’s own motion would require hearing Amazon and would be open to appeal, so no irreversible harm is shown (paragraphs 11 to 15). InterDigital did not need to be heard and no costs decision is required (paragraphs 16 and 17).

Key points for practice

• Practical point: against a UPC anti-anti-suit order, suspensive effect requires a manifest error, a complex question of interplay with UK FRAND proceedings belongs to the merits of the appeal.

Provisions applied

Agreement on a Unified Patent Court

Art. 74(1)

Rules of Procedure

Rules 212.3, 223.4 and 354.4

Case law cited

Court of Appeal, 29 October 2024 (UPC_CoA_549/2024)

Related decisions

• InterDigital VC v Amazon.com, 22 December 2025, Mannheim Local Division order under appeal.
• Amazon.com v InterDigital VC, 15 July 2026, Court of Appeal decision on the appeal.

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.