Apple's interpretation of ETSI IPR policy rejected as court of first instance's interpretation upheld (Optis v Apple)
10th November 2022
This article was first published by LexisPSL on 3 November 2022. To read the full article click here.
This case forms part of the ongoing Optis v Apple UK multi-patent action. The Court of Appeal heard an appeal from the defendants (Apple) and a cross-appeal from the claimants (Optis) concerning when a patentee of an infringed standard-essential patent (SEP) is entitled to an injunction.
The appeal and cross-appeal concerned the correct interpretation of clause 6.1 of the European Telecommunications Standards Institute’s Intellectual Property Rights Policy (the ETSI IPR Policy). The appeal and cross-appeal considered the wording, context and purpose of clause 6.1 of the ETSI IPR Policy. The ETSI IPR Policy is governed by French law. However, the parties arguments for the appeal did not depend upon those principles so French law was not considered. Both the appeal and the cross-appeal were dismissed. The court also criticised the current system for determining disputes regarding SEPs and the grant of licences on fair, reasonable and non-discriminatory (FRAND) terms.
Written by Alan Harper, Intellectual Property partner.
