Optis Cellular Technology LLC (claimants/appellants) & ors v Apple Retail UK Ltd & ors (defendants/respondents)
Tuesday 25 – Monday 3 March 2025
By an Appellant’s Notice filed on 27 March 2024, the Appellants appeal the Order dated 16 February 2024 of Marcus Smith J , sitting in the Business and Property Courts, Intellectual Property List requiring the Appellant to grant a Fair, Reasonable and Non-Discriminatory (“FRAND”) Court Determined Licence to the Respondent.
The Appellant is the owner of a portfolio of patents that have been declared essential to various standards. They hold themselves out as being ready and willing to grant licences to the portfolio on FRAND terms. The portfolio was acquired by the Applicant from Ericsson, LG, Panasonic and Samsung.
The Respondent, Apple acknowledged that it needed a licence to the portfolio and said that they were willing to take a licence on FRAND terms.
The matter came before the judge because there was a disagreement as to what constituted FRAND terms. The Judge gave his Final Order of a Court Determined Licence on FRAND terms. The Appellant appeals both the valuation and the terms of that licence.
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