Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors [2023] EWCA Civ 758 (04 July 2023)

Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors [2023] EWCA Civ 758 (04 July 2023)

The patent claims are to mobile devices capable of operating with the relevant code multiplexing structure (CMS) when required, not limited to actual use. Apple devices are adapted to operate with the CMS and thus infringe. The Nokia prior art does not anticipate the claims because its CMS is not the same as the claimed CMS; the set of rules must be considered as a whole, not in limited circumstances.

Citation
[2023] EWCA Civ 758
Parties
Respondents: Optis Cellular Technology LLC and Ors; Appellants: Apple Retail UK Limited & Ors
Jurisdiction
England and Wales
Judgment Date
04 July 2023
Procedural Posture
Patent Infringement Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Claim Construction, Patent Infringement, Novelty, Obviousness, Telecommunications Standards
Intellectual Property Patent Law Claim Construction Patent Infringement Novelty Obviousness Telecommunications Standards

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Optis Cellular Technology LLC and Ors

Respondents

Apple Retail UK Limited & Ors

Appellants

Procedural Posture

Patent Infringement Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Proper construction of 'adapted' in patent claims
  2. 2 Whether Apple devices infringe Optis patents by being adapted to use mixed resource blocks (MRBs) under LTE standard
  3. 3 Whether prior art (Nokia) anticipates the claims

Ratio Decidendi

The patent claims are to mobile devices capable of operating with the relevant code multiplexing structure (CMS) when required, not limited to actual use. Apple devices are adapted to operate with the CMS and thus infringe. The Nokia prior art does not anticipate the claims because its CMS is not the same as the claimed CMS; the set of rules must be considered as a whole, not in limited circumstances.

Court Disposition

Appeal dismissed

Orders

  • Apple devices infringe Optis patents as adapted to operate with the relevant CMS
  • Patents are valid and essential to the LTE standard