Optis v Apple 2023 EWHC 1095 (Ch)

10 May 2023

Adrian Speck KC, Tom Moody-Stuart KC, Isabel Jamal, Thomas Jones and Jennifer Dixon (with Sarah Ford KC and Emily MacKenzie) represented the Claimants “Optis” in the FRAND Trial in proceedings brought by Optis against the Defendants “Apple”.

In his 285 page judgment, Marcus Smith J determined the FRAND terms of a global licence for Apple’s use of Optis’s portfolio of SEPs. The price of the five-year licence was held to be US$25.65m to be paid upfront by Apple to Optis. The judge also held that to obtain a release for past infringements Apple must pay US$30.78m plus compound interest at 5% per annum; albeit that his view on interest was provisional because he had heard only limited submissions.

On the conduct of the parties, Marcus Smith J held that Apple had neither been excluded from the market nor inhibited in their commercial activities, concluding that Optis had not even come close to abusing a dominant position. Similarly, the judge found that Optis’s contentions regarding Apple’s conduct in negotiations was unfounded.