Further to my earlier post on the important decision in Trial F of Optis v Apple (here), the Bristows FRAND Tracker has now been updated with details of the decision.
This decision, albeit subject to appeal, is a seminal one because:
- It canvases the ETSI IPR Policy, its interpretation and how it is to be invoked in English FRAND litigation in considerable detail
- It addresses the question of redemption from being an unwilling licensee
- It makes clear that a party must commit to take a FRAND licence determined by the English court in order to avoid a FRAND injunction on a patent held to be valid and essential.
We'll keep following the developments of this case.