Optis Cellular Technlogy LLC & Ors v Apple Retail UK Ltd & Ors (Rev1) [2021] EWCA Civ 1619 (10 November 2021)

Optis Cellular Technlogy LLC & Ors v Apple Retail UK Ltd & Ors (Rev1) [2021] EWCA Civ 1619 (10 November 2021)

Claim 1 requires conversion of UMTS measurement values to both ensure direct comparability and format with GSM values; this conversion is not arbitrary and confers technical benefits across the claim's scope, so the patent is not invalid for Agrevo obviousness. The patent is essential to the relevant standard and infringed by Apple.

Citation
[2021] EWCA Civ 1619
Parties
Claimant/respondent: Optis Cellular Technology LLC; Claimant/respondent: Optis Wireless Technology Limited; Claimant/respondent: Unwired Planet International Limited; Defendant/appellant: Apple Retail UK Limited; Defendant/appellant: Apple Distribution International Limited; Defendant/appellant: Apple Inc
Jurisdiction
England and Wales
Judgment Date
10 November 2021
Procedural Posture
Patent Infringement Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; patent upheld as valid, essential, and infringed.
Legal Topics
Patent Validity, Claim Construction, Obviousness, Essentiality, Infringement
Intellectual Property Patent Law Patent Validity Claim Construction Obviousness Essentiality Infringement

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 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Optis Cellular Technology LLC

Claimant/respondent

Optis Wireless Technology Limited

Claimant/respondent

Unwired Planet International Limited

Claimant/respondent

Apple Retail UK Limited

Defendant/appellant

Apple Distribution International Limited

Defendant/appellant

Apple Inc

Defendant/appellant

Procedural Posture

Patent Infringement Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Correct construction of claim 1 of European Patent (UK) No 1 230 818
  2. 2 Whether claim 1 is invalid for Agrevo obviousness
  3. 3 Whether the patent is essential to the 2G standard 3GPP TS 45.008

Ratio Decidendi

Claim 1 requires conversion of UMTS measurement values to both ensure direct comparability and format with GSM values; this conversion is not arbitrary and confers technical benefits across the claim's scope, so the patent is not invalid for Agrevo obviousness. The patent is essential to the relevant standard and infringed by Apple.

Court Disposition

Appeal dismissed; patent upheld as valid, essential, and infringed.

Orders

  • Patent declared valid and essential to 3GPP TS 45.008
  • Apple found to infringe the patent