In this episode, Richard Pinckney and Matthew Raynor unpack the Court of Appeal’s landmark decision in Optis v Apple, a judgment that reaffirms the UK’s approach to global FRAND licensing. They explore how the Court re-centred comparables analysis, revived the parties' valuation evidence, and addressed the tension between UK and US proceedings. 

How did the Court arrive at the $0.15 per unit royalty rate? Are top-down cross checks back in fashion? And what does this all mean for SEP litigation strategy in the UK? Tune in for analysis, context and key takeaways from one of the most important FRAND rulings in recent years.

Patent litigators Richard Pinckney and Sam Harvey consider the position of patent pools (or platforms) in UK SEP/FRAND licensing disputes following the Court of Appeal’s judgment in Tesla v Avanci which found that Tesla’s claim for a declaration of the FRAND terms to a licence to Avanci’s 5G Platform had no real prospect of success.

Note: This episode was recorded prior to the Court of Appeal handing down its judgment in Optis v Apple. (Originally recorded on 24.05.25).

In this episode, James Boon joins Francion Brooks to discuss the latest Court of Appeal judgment in Lenovo v Ericsson granting a declaration that a willing licensor in the position of Ericsson would grant Lenovo an interim licence. 

Note: All information was correct at the time of recording.

In this collaboration between our FRANDly Chat and You, me & the UPC podcasts, our experts, Naomi Hazenberg, Richard Pinckney and Francion Brooks, bring you a discussion on the first substantive FRAND decision of the UPC in Panasonic v Oppo.

Find our other FRANDly Chat episodes here and our other You, me & the UPC episodes here.

Note: All information was correct at the time of recording.

In this episode, James Boon and Matt Hunt talk through the recent wave of judgments related to ‘interim’ FRAND licences.

Note: All information was correct at the time of recording.

Join James Boon and Nadine Bleach as they discuss the Court of Appeal's decision on the second UK FRAND determination in InterDigital v Lenovo [2024] EWCA Civ 743 and what it means for future UK FRAND litigation.

Note: All information was correct at the time of recording.

In this episode, our competition lawyer, Francion Brooks, is joined by patent litigator, Richard Pinckney, to discuss the recent judgment in Tesla v InterDigital & Avanci which raises interesting questions of jurisdiction related to FRAND licences to patent pools. Francion and Rich explore why Tesla’s claim failed in this case, and what might be done differently in future cases to avoid the same issues.

Note: All information was correct at the time of recording.

Join Naomi Hazenberg, Nadine Bleach and Francion Brooks as they embark on a whistle-stop tour of FRAND developments in the UK and beyond in this continually evolving space.  Recorded in late September 2024.

Note: All information was correct at the time of recording.

In this episode, Luke Maunder and his colleague Matt Hunt delve into the recent FRAND judgment of Mr Justice Marcus Smith. There is too much in the judgment to unpack in just one podcast. However, Matt and Luke aim to ensure that, by the end of this whirlwind tour, you should be able to hold your own when asked “So what do you think about the UK court’s approach in Optis v Apple?”

Note: All information was correct at the time of recording.

In this episode, Luke Maunder discusses the long-awaited FRAND judgment of Mr Justice Mellor with special guest star Dr Myles Jelf. Luke and Myles delve into the decision and set out the key information you need to know. 

Note: All information was correct at the time of recording.

In this quick update, senior associates and IP specialists, Luke Maunder and Naomi Hazenberg discuss the recent decision in Kigen v Thales, which considers the jurisdiction of the court for a claim that included FRAND declarations that were free-standing and/or tied to declarations of invalidity and non-essentiality.

Note: All information was correct at the time of recording.

Senior associates and IP specialists, Luke Maunder and Naomi Hazenberg discuss the development of the English FRAND injunction and the timing of when an undertaking to enter a FRAND licence is required. 

Note: All information was correct at the time of recording.

Senior associates and IP specialists Luke Maunder and Naomi Hazenberg go back to the future to look at FRAND methodologies before the British Courts. They begin by looking at what was done in the seminal Unwired Planet case, before moving on to the detail of the unresolved issues including those that are up for consideration in the cases of InterDigital v Lenovo and Optis v Apple. For the true economics enthusiast, they also finish off with what other, as yet untested, methodologies might be lurking out there. 

Note: All information was correct at the time of recording.

Senior associates and IP specialists, Luke Maunder and Naomi Hazenberg,  look at how the British Courts have treated patent pools, before delving into some of the issues they present in litigation. They also cover suggestions that the principle of pool licensing could apply on the other side of the fence, looking at licensing negotiation groups and approaches that seek to achieve a similar objective.

Note: All information was correct at the time of recording.

"If only we could have a little more transparency" is a refrain heard by every licensor, but commercial sensitivities and confidentiality obligations/concerns abound in the FRAND space.

Senior associates and IP specialists, Luke Maunder and Naomi Hazenberg,  look at how the British Courts have sought to balance the right to information on comparable licences (and associated information) with the need to protect confidentiality and prevent parties from gaining an unfair competitive advantage for other licensing negotiations. 

Note: All information was correct at the time of recording.

Senior associates and IP specialists Luke Maunder and Naomi Hazenberg briefly recap the history of jurisdiction challenges in the British Courts, including the relevant aspects of the decision by the UK Supreme Court in Conversant / Unwired Planet. They then look in detail at the latest decision of the Court of Appeal in Nokia v Oppo, when Oppo attempted to have the FRAND aspects stayed in favour of global determination in an alternative forum, the People's Republic of China.

Note: All information was correct at the time of recording.