Tuesday 18 – Wednesday 19 October 2022
By Appellant’s Notice filed on 26th October 2021, the First to Third Defendants appeal the Order of Mr Justice Meade dated 5 October 2021.
There is considerable and long standing litigation between these parties. This hearing before Mr Justice Meade concerned what is known, in this litigation, as Trial F. The judgment addressed whether an implementer should be entitled to benefit from the ETSI undertaking as a defence to the grant of relief for patent infringement in circumstances where the implementer is not prepared to commit to taking the FRAND licence that the Court sets. Judgment in Trial F was formally handed down on 27 September 2021 and a hearing on 5 October 2021 resulted in the order now appealed against.
Apple’s first two grounds of appeal relate to the judge’s findings on how the beneficiaries under the ETSI undertaking should be defined. The third and fourth grounds of appeal are concerned with the weight to be given to any abuse of dominant position, grant of injunctive relief and various procedural points. Optis’ cross appeal relates to the issue of in what circumstances an implementer permanently losses the right to a FRAND licence and the nature of the injunction to be granted in the present case.