Optis And Unwired Planet v Apple [2021] EWHC 2564 (Pat) – in FRAND disputes what is a willing licensee? And does Apple’s desire to “pick and choose” make them an unwilling licensee?
The expected standard of behaviour of a Standard Essential Patent (SEP) holder and a potential licensee involved in a patent dispute, and considers the opposing arguments put forward by Optis and Unwired Planet (as patentee) and Apple (as defendant) seeking to determine the correct approach to negotiating a licence on Fair Reasonable and Non-Discriminatory (FRAND) terms.