EIP’s litigation team claims another win for client Optis against Apple

No items found.
​
28 October 2022
Tags
SEP Analysis
Litigation
Digital

Today, 27 October 2022, judgment was handed down by the Court of Appeal, London, in a successful appeal for EIP client Optis as part of its long-standing licensing dispute with Apple.

The appeal involved the issue as to whether or not an implementer who had been found to infringe a valid UK SEP was obliged to undertake to enter into a FRAND licence determined by the Court, in order to avoid the court granting an injunction preventing further infringements by the implementer in the future. At first instance, Meade J held that it was so obliged.

Apple appealed against this finding, but EIP client Optis was successful, and the appeal was dismissed by all judges. This decision is likely to prove another important decision in the FRAND landscape and is likely to be relied upon in subsequent cases.

Gary Moss, Head of Litigation at EIP and lead on this case comments: "We are obviously pleased with the Court of Appeal's judgment and find it to be a logical application of the Supreme Court's guidance in Unwired Planet. It has endorsed the view we've always taken, which is that in return for taking the benefit of the SEP holder's commitment to ETSI to grant FRAND licences, implementers should be obliged to accept the FRAND license that is determined by the court. That is the price they have to pay to avoid being subject to the normal relief for infringement of a valid patent, namely an injunction. It will be interesting to see what effect this decision will have on SEP holders and implementers, and the Courts, going forward and whether it changes their behaviours in any way."

The full judgment can be viewed here.

The EIP team on the case was:

Gary Moss, Angela Jack, Elizabeth McAuliffe, Owen Waugh, Steph Harris, India Badini, Jacqueline Long, and Emily Williams.

Osbourne Clarke LLP were co-Counsel.

The barristers acting for Optis were: Sarah Ford KC, Isabel Jamal, Emily MacKenzie and Jennifer Dixon.

Related articles

EIP ranked Band 1 in Chambers UK 2027, with three lawyers also recognised
14 October 2026
Chambers recognised EIP for its patent litigation work and its strength in disputes concerning FRAND licensing and standard essential patents.
EIP named a leading patent firm again in the Legal 500 UK 2027
01 October 2026
EIP has retained its Tier 1 ranking in PATMA: Patents and its Tier 2 ranking in IP: Patents (contentious and non-contentious) in the Legal 500 UK 2027 guide. In addition, Gary Moss was inducted into the Hall of Fame in IP: Patents.
Five EIP partners named among the world's leading IP strategists in the 2026 IAM Strategy 300
17 August 2026
Christof Höhne, Darren Smyth, Heather McCann, James Seymour, and Sebastian Fuchs have all been named in this year's list, each recognised for their own approach to building patent value for clients.