Optis v Apple [2021] EWHC 2564 (Pat): Apple found to be an “unwilling licensee”
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The “unwilling licensee” issue has been a vexed one, with uncertainty as to whether such a concept exists, its relevance, and what an implementer must do to avoid becoming one. As for the concept of FRAND itself, there is no clear guidance in the ETSI IPR Policy and only limited guidance from the CJEU in Huawei v ZTE.