Optis Cellular Technology LLC & ors (claimants/repondents) v Apple Retail UK Ltd & ors (defendants/appellants)

Tuesday 16 – Thursday 18 May 2023

By Appellant’s Notice filed on 1 June 2022, the Appellants (Defendants below) appeal the Order of Mr Justice Meade dated 13 May 2022.

The Appellants appeal against the order (in summary): the declaration that the European Patent (UK) No. 2 187 549 (“EP 549”) in the form amended by the order is valid, that it has been infringed by the Defendants. That the Defendants pay the 96% of the Claimants’ costs of Trial D, and make a payment on account of $2,024,870.71.

There were two closely related patents in issue: EP(UK)2 187 549B1(“549”), and EP (UK) 2 690 810B1 (“810”). By agreement the trial below only looked at the specification of 549. The Patents come from a portfolio acquired by Optis, the Respondent. These are product claims covering “mobile stations” (i.e. mobile phones), which are declared essential to LTE. Essentiality is disputed. The dispute arises because the functionality in question, while capable of being supported by Apple mobile phones, is not used in the UK.

View hearing:

Day 1

Part 1

Part 2

Day 2

Part 1

Part 2

Day 3

Part 1