Optis Cellular Technology LLC & Ors v Apple Retail Uk Ltd & Ors [2022] EWCA Civ 792 (13 June 2022)
Claims 1, 6, and 9 require counter-based mechanisms for counting and resetting, and the reset must occur immediately upon threshold being reached. Window-based mechanisms do not satisfy these requirements. Therefore, the InterDigital prior art does not anticipate the claims, and the patent is novel.
- Citation
- [2022] EWCA Civ 792
- Parties
- Respondent/claimant: Optis Cellular Technology LLC & Ors; Appellant/defendant: Apple Retail UK Limited & Ors
- Jurisdiction
- England and Wales
- Judgment Date
- 13 June 2022
- Procedural Posture
- Patent Appeal / Court of Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Patent Validity, Claim Construction, Anticipation, Novelty, Telecommunications Standards
Case Brief
Summary, issues, holding and outcome
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Parties
Optis Cellular Technology LLC & Ors
Respondent/claimant
Apple Retail UK Limited & Ors
Appellant/defendant
Procedural Posture
Patent Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether claims 1, 6, and 9 of European Patent (UK) No. 2 229 744 B1 are anticipated by InterDigital prior art
- 2 Proper construction of 'counting', 'resetting', and 'when' in the patent claims
Ratio Decidendi
Claims 1, 6, and 9 require counter-based mechanisms for counting and resetting, and the reset must occur immediately upon threshold being reached. Window-based mechanisms do not satisfy these requirements. Therefore, the InterDigital prior art does not anticipate the claims, and the patent is novel.
Court Disposition
Appeal dismissed
Orders
- Patent claims 1, 6, and 9 held novel over InterDigital prior art
- No anticipation found
Full Case Text
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