We have published an article in the June 2025 edition of PLC Magazine – Valuation of FRAND licences: reshaping the approach (PDF available here).
We examine the UK Court of Appeal's recent decision in Optis Cellular Technology LLP v Apple Retail UK Ltd [2025] EWCA Civ 552 and how this impacts the approach of the UK courts to valuing FRAND licences to standard essential patent (SEP) portfolios. In particular, we consider:
- the approach that had been taken at first instance by the High Court;
- the criticisms of this approach by Lord Justice Birss and the alternative he proposes to the evaluation of comparable licences;
- non-monetary licence terms considered by the Court of Appeal, including how to deal with parallel litigation in other national courts; and
- the future of FRAND licensing following this decision.
This article first appeared in the June 2025 issue of PLC Magazine.
Key contacts
Andrew Moir
Partner, Intellectual Property and Head of Cyber Security and Data, London
David Webb
Senior Associate, London and Korea Group
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