Optis v Apple - Trial F: Whether an Implementor is bound to take a Licence on FRAND Terms before knowing what they are
A uthor a jay_suresh Licence CC BY 2.0 Source Wikimedia Commons Jane Lambert Patents Court (Mr Justice Meade) Optis Cellular Technology LLC and others v Apple Retail UK Ltd and others [2021] EWHC 2564 (Pat) (27 Sep 2021) This was one of a number of trials between Optis Cellular Technologies LLC, Cellular Wireless Technologies LLC and Unwired Planet International Limited ("Optis") of the one part and Apple Retail UK Ltd, Apple Distribution International Ltd and Apple Inc ("Apple") on the other. Optis has alleged that Apple's iPhone, iPad and other 3G and 4G devices infringe 8 of its standard-essential patents ("SEP") when implementing an ETSI (European Telecommunications Standards Institute ) standard. The litigation addresses the following questions. The first is whether certain patents that have been granted to Optis are essential for the implementation of the standard. If they are, the second question is whether the p...