US technology firm InterDigital and a patent licensing platform on Monday won their bid to throw out a London lawsuit by Tesla, which was seeking a patent licence ahead of the automaker’s launch of 5G vehicles in Britain.

Elon Musk’s company sued InterDigital and Avanci – which licenses patents from multiple owners, largely for automotive uses – at London’s High Court in 2023.

Tesla wanted the court to determine the fair, reasonable and non-discriminatory (FRAND) terms of a licence for Tesla to use patents owned by patent holders, including InterDigital and which are licensed by Avanci.

Tesla’s lawyers said in court filings for a hearing in May that the company “plans imminently to launch 5G vehicles in the UK”.

InterDigital and Avanci, however, asked the court to throw out Tesla’s bid for a ruling on FRAND terms for a licence.

The High Court ruled in their favour on Monday, with Judge Timothy Fancourt saying in a written ruling that Tesla’s bid for a licence must be thrown out but Tesla’s claim to revoke three of InterDigital’s patents can continue.