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The High Court has determined that the ETSI IPR Policy does not require a patentee to enter an interim licence pending determination of proceedings to resolve dispute about what terms would be FRAND as between the parties. The High Court also determined that it would in any event serve no useful purpose to grant declarations about these matters in circumstances where they were sought to influence foreign courts.

Andrew Scott KC acted for the patentee, Panasonic, instructed by Bristows LLP.

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