"[W]ithholding an injunction to restrain infringement of a patent which has been found to be valid, essential and infringed will tend to leave the SEP owner with an inadequate remedy and to promote hold out.It follows that a strong reason is required to justify withholding an injunction." - Court of Appeal
The England and Wales Court of Appeal this morning said that Optis Cellular Technology is entitled to an injunction before a lower court has set fair, reasonable and non-discriminatory (FRAND) terms for a license to Optis' standard essential patents (SEPs) if Apple refuses to take a court-determined FRAND license.
The England and Wales Court of Appeal this morning said that Optis Cellular Technology is entitled to an injunction before a lower court has set fair, reasonable and non-discriminatory (FRAND) terms for a license to Optis' standard essential patents (SEPs) if Apple refuses to take a court-determined FRAND license.
#immediately #potentially #essentially #permanently #interpretation #current-state #restriction #beneficiaries
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