“…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 de…”
“…nce pursuant to the SEP 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 unde…”
“…The prime purpose is to do justice in the particular case: see TQ Delta, LLC v ZyXEL Communications UK Limited, ZyXEL Communications A/S [2019] EWCA Civ 1277 at [37]. ‘Justice’ includes justice not only to the claimant, but also to the defendant: see Fujifilm Kyowa Kirin Biologics Co., Ltd. v Abb Vie Biotechnology L…”