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:

  1. It canvases the ETSI IPR Policy, its interpretation and how it is to be invoked in English FRAND litigation in considerable detail
  2. It addresses the question of redemption from being an unwilling licensee
  3. 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.