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ARTICLE · 31 DECEMBER 2025

Optis v. Apple: Procedural Hurdles vs. Global Rate Setting In US-UK SEP FRAND Litigation

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In 2025, Optis and Apple secured landmark judgments from the appellate courts of the United States and the United Kingdom.

GlobalLitigation, Mediation & Arbitration
Xiaoyan ZHOU
Xiaoyan ZHOU
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Abstract

In 2025, Optis and Apple secured landmark judgments from the appellate courts of the United States and the United Kingdom. The parallel lawsuits delivered starkly divergent outcomes: the U.S. court vacated the original judgment after strict procedural scrutiny of the exclusion of the "Apple-Qualcomm Settlement Agreement" and inconsistencies in the jury's verdict; by contrast, the UK court directly determined the global FRAND royalty rate via in-depth economic analysis. This striking contrast offers actionable strategic insights for global Standard Essential Patent (SEP) stakeholders navigating ongoing FRAND disputes.

1. Introduction: The Transatlantic Legal Divergence

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