Summary

In broad terms, the appeal concerns issues as to (i) jurisdiction, (ii) whether a case management stay should be granted and (iii) whether the court should make a declaration that a willing licensor in the position of the SEP owner would grant implementers interim licences pending the determination of what terms for the final licence are RAND ("an interim licence declaration"). More specifically, the appeal raises a novel and important question of principle as to the impact on issues (ii) and (iii) of an offer by the SEP owner of an interim licence whose terms are subject to adjustment by the decision of an arbitral tribunal as to what final licence terms are RAND.