Optis Cellular Technology LLC & Ors. v Apple Retail UK Limited & Ors.

The terms 'counting', 'resetting', and 'when' in the claims are construed as referring to counter-based mechanisms, discrete resetting steps, and immediate action upon threshold, respectively. Window-based mechanisms do not fall within the scope of the claims. Therefore, the claims are novel over the InterDigital prior art.

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 Infringement and Validity Appeal / Court of Appeal Judgment
Outcome: Appeal dismissed
Legal Topics: Patent Validity, Novelty, Claim Construction, Anticipation

Intellectual Property Patent Law Patent Validity Novelty Claim Construction Anticipation

Case Brief

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Parties

Optis Cellular Technology LLC & Ors

Respondent/claimant

Apple Retail UK Limited & Ors

Appellant/defendant

Procedural Posture

Patent Infringement and Validity 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

Court Disposition

Appeal dismissed

Orders

Claims 1, 6, and 9 of European Patent (UK) No. 2 229 744 B1 are novel over InterDigital prior art
No anticipation found