It seems that it was some time ago that Optis sued Apple seeking royalties worth approximately $7 billion. The patent trials have been and gone, and a FRAND trial is set for July 2022. However, the parties are presently engaged in another, rather interesting, trial concerning what amounts to being a "willing licensee" and whether that requires undertaking to enter into a FRAND licence before knowing its terms.

No doubt many are watching the trial, and the judgment will be hotly awaited. But in the interim, the below commentary on the case from Apple has been picked up across various news outlets. In some ways it is a simple statement of commercial reality, and one that was highlighted by at least Huawei and ZTE in the recent Supreme Court appeal, though from Apple it has garnered considerable attention.

It also brings into focus the European Commission's recent decision to launch a consultation, prior to possible legislation, on the licensing of standard essential patents (as commented on by my colleague, Sophie Lawrance).

I am not sure that is right... Apple's position is it should indeed be able to reflect on the terms and decide whether commercially it is right to accept them or to leave the UK market. There may be terms that are set by the court which are just commercially unacceptable.