Oral hearings concluded at the UK Court of Appeal regarding a patent licensing dispute between wireless developer Optis and Apple over 4G standard essential patents. A ruling is expected in about a month, with indications that the Court may alter a previous six-month-old ruling that awarded $62 million to Optis. The controversy lies in the previous ruling’s methodology, where Justice Smith did not utilize expert testimonies from either side. The potential outcomes could significantly affect the scale of damages Optis receives.
On the bench, at least Lord Justice Guy Newey seriously questioned why Justice Smith would have disregarded the damages methodologies proposed by either side in the case.
Unlike the United States, UK courts since Unwired Planet have been willing to set global fair, reasonable and non-discriminatory (FRAND) royalty rates in SEP infringement disputes.
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