Optis Cellular Technology LLC & Ors v Apple Retail UK Limited & Ors

Optis Cellular Technology LLC & Ors v Apple Retail UK Limited & Ors

The court determined the consequential orders following the FRAND judgment: (1) Redactions for confidentiality are limited to material qualifying as 'trade secrets' under the Trade Secrets (Enforcement, etc) Regulations 2018, following JC Bamford; (2) The FRAND licence must be worldwide and include all patents in the Optis portfolio, including those subject to US proceedings, as Optis pleaded and maintained this position throughout; (3) Apple must pay interest at 6% on the sum for past infringement; (4) No order as to costs, as neither party's methodology was accepted and both were partly unsuccessful; (5) The FRAND licence should extend to 5G standards; (6) Permission to appeal refused...

Parties
Claimant: Optis Cellular Technology LLC; Claimant: Optis Wireless Technology LLC; Claimant: Unwired Planet International Limited; Defendant: Apple Retail UK Limited; Defendant: Apple Distribution International; Defendant: Apple Inc.
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Patents/frand Licensing Dispute / Judgment on Consequential Matters After Trial
Outcome
Consequential orders made: redactions limited to trade secrets, FRAND licence to be worldwide and include all Optis patents, interest at 6% on past infringement, no order as to costs, permission to appeal refused.
Legal Topics
FRAND Licensing, Standard Essential Patents (seps), Confidentiality and Redaction, Interest on Damages, Costs, Jurisdiction and Comity, Patent Portfolio Licensing, Appeal Permissions
Intellectual Property Competition Law Contract Law FRAND Licensing Standard Essential Patents (seps) Confidentiality and Redaction Interest on Damages Costs +3 more

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Parties

Optis Cellular Technology LLC

Claimant

Optis Wireless Technology LLC

Claimant

Unwired Planet International Limited

Claimant

Apple Retail UK Limited

Defendant

Apple Distribution International

Defendant

Apple Inc.

Defendant

Procedural Posture

Patents/frand Licensing Dispute / Judgment on Consequential Matters After Trial

Legal Issues

  1. 1 What consequential orders should follow the FRAND judgment?
  2. 2 What is the proper scope of redactions for confidentiality?
  3. 3 Should the FRAND licence include the Ericsson Patent Families?

Ratio Decidendi

The court determined the consequential orders following the FRAND judgment: (1) Redactions for confidentiality are limited to material qualifying as 'trade secrets' under the Trade Secrets (Enforcement, etc) Regulations 2018, following JC Bamford; (2) The FRAND licence must be worldwide and include all patents in the Optis portfolio, including those subject to US proceedings, as Optis pleaded and maintained this position throughout; (3) Apple must pay interest at 6% on the sum for past infringement; (4) No order as to costs, as neither party's methodology was accepted and both were partly unsuccessful; (5) The FRAND licence should extend to 5G standards; (6) Permission to appeal refused...

Court Disposition

Consequential orders made: redactions limited to trade secrets, FRAND licence to be worldwide and include all Optis patents, interest at 6% on past infringement, no order as to costs, permission to appeal refused.

Orders

  • Redactions to the judgment limited to material qualifying as trade secrets under the 2018 Regulations.
  • Optis to grant Apple a worldwide FRAND licence including all patents in the Optis portfolio (including those in US proceedings).