WATCH: Apple v Optis SEP judgment
A patent dispute between Apple and Optis Cellular Technologies reached a critical juncture at the Court of Appeal of England and Wales last month, October 27, 2022, with a judgment that could significantly influence fair, reasonable, and non-discriminatory (FRAND) licence agreements. In this video interview with WIPR, Gary Moss, partner at EIP and counsel for Optis, reflects further on the judgment and what it could mean for SEP holders and FRAND obligations.
The dispute, which began more than three-and-a-half years ago, centres on a licensing dispute involving standard essential patents (SEPs).
In its decision, the court affirmed an earlier High Court ruling by concluding that Apple should not be allowed to wait to see the terms of a court-ordered FRAND licence before committing to the licence.
Gary Moss, partner at EIP and counsel for Optis, welcomed the outcome as a “logical application of the Supreme Court’s guidance” in Unwired Planet.
“It has endorsed the view we've always taken, which is that in return for taking the benefit of the SEP holder’s commitment to ETSI [the European Telecommunications Standards Institute] to grant FRAND licences, implementers should be obliged to accept the FRAND licence that is determined by the court,” he said.
In this video interview with WIPR, Moss reflects further on the judgment and what it could mean for SEP holders and FRAND obligations.
