Legal Guidance and Research / Experts / Ewan MacAulay
Ewan MacAulay#12601

Ewan MacAulay

Bristows
Ewan qualified into Bristows’ patent litigation team in September 2022. Aided by an academic background in chemistry and nanotechnology, Ewan has worked on several projects across the life science and technology sectors, including cases on medical devices and ophthalmic medication.
Ewan has also been involved in UK SEP/FRAND litigation, most recently in Philips v Oppo.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 2022

Experience

  • Bristows LLP (2020 - Present)

Qualifications

  • PGDip in Intellectual Property Law and Practice (2023)
  • Nanoscience and Nanotechnology (MRes) (2016)
  • Chemistry (MChem) (2015)

Education

  • University of Oxford (2011-2015, 2022-2023)
  • University of Cambridge (2015-2016)

1 Contributions by Ewan MacAulay

SEPs and FRAND before the English Courts: global licences, rate-setting, injunctions, interim licence declarations and jurisdiction after Unwired Planet, InterDigital v Lenovo and Optis v Apple
PRACTICE NOTES
SEPs and FRAND before the English Courts: global licences, rate-setting, injunctions, interim licence declarations and jurisdiction after Unwired Planet, InterDigital v Lenovo and Optis v Apple
This Practice Note This Practice Note examines how standard essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing feature in patent disputes before the Courts of England and Wales (the English Courts). It focuses, in particular, on the legal position following the UK Supreme Court’s ruling of 26 August 2020 in the combined Unwired Planet and Conversant appeals, and the practical consequences of that decision. For further information, see News Analysis: Supreme Court—English courts can determine terms of global licences for portfolios of standard essential patents (Unwired Planet v Huawei). Since then, two further significant rulings on FRAND rates have been issued in England and Wales and have been the subject of appeal judgments, as noted below: First, judgment was handed down on 16 March 2023 in the dispute between InterDigital and Lenovo following a High Court FRAND trial in January 2022. It offered additional guidance on several of the issues considered in Unwired Planet. The appeal judgment in InterDigital v Lenovo was handed down on 12 July 2024. Second, the High Court handed down a judgment on FRAND rates (in redacted form) on 7 June 2023 (judgment dated 10 May 2023) in the dispute between Optis Cellular Technology and Apple...
IP
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