Does an Apple a day keep the NPE away?

It seems that it was some time ago that Optis sued Apple seeking royalties worth approximately $7 billion. The patent trials have been and gone, and a FRAND trial is set for July 2022. However, the parties are presently engaged in another, rather interesting, trial concerning what amounts to being a "willing licensee" and whether that requires undertaking to enter into a FRAND licence before knowing its terms.

No doubt many are watching the trial, and the judgment will be hotly awaited. But in the interim, the below commentary on the case from Apple has been picked up across various news outlets. In some ways it is a simple statement of commercial reality, and one that was highlighted by at least Huawei and ZTE in the recent Supreme Court appeal, though from Apple it has garnered considerable attention.

It also brings into focus the European Commission's recent decision to launch a consultation, prior to possible legislation, on the licensing of standard essential patents (as commented on by my colleague, Sophie Lawrance).