Optis v Apple [2025] EWCA Civ 552
This was the Court of Appeal decision in Trial E of this litigation concerning the FRAND terms of a licence granted by Optis to Apple for the implementation of the former’s portfolio of ETSI-declared SEPs in products such as the iPhone.
The appeal considered the judgment of Marcus Smith J dated 16 February 2024 which set the rate and other relevant terms of the FRAND licence in issue. Birss LJ gave the judgment of the Court on the FRAND rate, and Arnold LJ addressed the other licence terms and the impact of parallel US proceedings on the remedies available.
Brian Nicholson KC acted for Apple, instructed by Wilmer Cutler Pickering Hale & Dorr LLP.