IP Cases & Articles

Optis v Apple update: SEP & FRAND

In Optis v Apple, Optis is asserting against Apple that seven of its patents are valid, essential and infringed and seeking a declaration as to the terms of a (likely global) FRAND licence before the English Patents Court (the English Court of Appeal having previously held in Unwired Planet v Huawei that should an implementer not take such a licence it would grant an injunction).

At a hearing at the beginning of July, the English Patents Court has declined to grant Apple a stay of proceedings pending the outcome of a jurisdictional challenge (to be heard in December 2020) or the appeal to the Supreme Court in Unwired Planet v Huawei. The court gave directions for draft pleadings.

This is one of a series of applications made in different cases seeking to avoid or postpone a decision on FRAND by the English Court. In most instances, the Court has declined such applications, showing its willingness to be an arbiter of such disputes.

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