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A transparent analysis of comparable licence rates is just one aspect of this useful ruling, say Mark Marfé and Carissa Kendall-Windless of Pinsent Masons.
The UK’s High Court has said that relying on suitable comparable licences remains key to determining a global rate in UK fair, reasonable and non-discriminatory (FRAND) litigation.
The ruling in the long running dispute between Apple and Optis cements the role of the UK as an important forum for standard-essential patents (SEPs) disputes.
The UK is one of only two jurisdictions—the other being China—where the courts will determine a global FRAND rate. This decision means that the UK will continue to be an important forum for the resolution of such disputes in a balanced manner.
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