is a Partner and Head of IP Disputes at Osborne Clarke in the UK. She is named in The Lawyer’s prestigious Hot 100 for 2021. Arty acted as co-counsel for Unwired Planet in its landmark UK Supreme Court SEP and FRAND licensing dispute against Huawei. Arty is currently acting in the UK SEP and FRAND litigation between Optis and Apple.
Two recent court decisions in the United States and the United Kingdom, respectively, have considered (i) the disclosure obligation pursuant to Clause 4.1 of the European Telecommunications Standards Institute’s (ETSI) Intellectual Property Rights (IPR) Policy, and (ii) the impact this has on the enforceability of a patent subject to the Policy…. Both decisions were in the ongoing patent and fair, reasonable, and non-discriminatory (FRAND) related litigations between Optis and Apple. In summary, the decisions confirmed that neither Optis nor its predecessors had breached their duty to disclose IPR to ETSI under clause 4.1, nor did the timing of their disclosures constitute egregious misconduct, so as to result in an implied waiver under U.S. law, or in the case of the UK, a proprietary estoppel, preventing or restricting enforcement of the patent.