10/8/2021 11:12:59 AM | less than a minute read

Bristows FRAND Tracker Update: Optis v Apple Trial F

Bristows

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.

Clause 6.1 did not change the fact that a party without a licence may be injuncted, and Apple needed to choose whether to invoke the contractual defence now that an injunction, albeit the Court held it should be limited to a FRAND injunction, was imminent.

www.bristows.com/...