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Optis v Apple [2021] EWHC 2564 (Pat): Apple found to be an “unwilling licensee”

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Sian Avery

Associate

London

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Heaney Mark
Mark Heaney

Partner

London

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Cordell Neville
Neville Cordell

Partner

London

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Ridgway Mark
Mark Ridgway

Partner

London

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14 October 2021

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.