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.

Patent Litigation Guide Patents in Europe
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