“…The third case is TQ Delta LLC v ZyXEL Communications UK Ltd [2019] EWCA Civ 1277, [2020] FSR 10. That was a case about the obligation to license standard-essential patents (“SEPs”) on reasonable and non-discriminatory (“RAND”) terms. The defendant waived …”
“…P owner’s ETSI Undertaking. In this connection, Apple relied upon what was said by Floyd LJ in TQ Delta LLC v ZxXEL Communications UK Ltd [2019] EWCA Civ 1277, [2020] FSR 10 at [51]-[52]; but if anything that decision suggests the opposite. In that case the implementer waived its right to enforce the SEP owner’s undertaking in resp…”