Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors [2023] EWCA Civ 438 (25 April 2023)

Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors [2023] EWCA Civ 438 (25 April 2023)

The Court held that the judge was entitled to find claims 1 and 4 obvious over Ericsson, as the skilled person would identify the deficiencies in the prior art, retain the mod C operation, and replace the randomisation part with an LCG, following routine analysis and literature search. The parameter choices in claim 4 were found to be obvious and within the routine competence of the skilled person. No error of law or principle was found in the judge's evaluative assessment.

Citation
[2023] EWCA Civ 438
Parties
Claimant/appellant: Optis Cellular Technology LLC; Claimant/appellant: Optis Wireless Technology LLC; Claimant/appellant: Unwired Planet International Limited; Defendant/respondent: Apple Retail U.K. Limited; Defendant/respondent: Apple Distribution International Limited; Defendant/respondent: Apple Inc.
Jurisdiction
England and Wales
Judgment Date
25 April 2023
Procedural Posture
Patent Revocation Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; patents remain revoked.
Legal Topics
Obviousness, Standard Essential Patents, FRAND Licensing, Random Number Generators, Hashing Functions
Intellectual Property Patent Law Obviousness Standard Essential Patents FRAND Licensing Random Number Generators Hashing Functions

Case Brief

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Parties

Optis Cellular Technology LLC

Claimant/appellant

Optis Wireless Technology LLC

Claimant/appellant

Unwired Planet International Limited

Claimant/appellant

Apple Retail U.K. Limited

Defendant/respondent

Apple Distribution International Limited

Defendant/respondent

Apple Inc.

Defendant/respondent

Procedural Posture

Patent Revocation Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether claims 1 and 4 of European Patent (UK) No. 2 093 953 are obvious over prior art (Ericsson)
  2. 2 Whether the skilled person would have combined known techniques to arrive at the claimed invention
  3. 3 Appropriate assessment of expert evidence in patent cases

Ratio Decidendi

The Court held that the judge was entitled to find claims 1 and 4 obvious over Ericsson, as the skilled person would identify the deficiencies in the prior art, retain the mod C operation, and replace the randomisation part with an LCG, following routine analysis and literature search. The parameter choices in claim 4 were found to be obvious and within the routine competence of the skilled person. No error of law or principle was found in the judge's evaluative assessment.

Court Disposition

Appeal dismissed; patents remain revoked.

Orders

  • Claims 1 and 4 of European Patent (UK) No. 2 093 953 held obvious and invalid.
  • Order of Meade J revoking patents affirmed.