Optis Cellular Technology LLC & ors –v- Apple Retail UK Ltd & ors
Wednesday 20th – Thursday 21st October 2021
This is the Defendants’ appeal of the order made by Mr Justice Birss dated 23rd November 2020 in which he gave judgment for the Claimants against the Defendants on issues of patent validity and infringement. Permission to appeal was granted within the same Order.
This trial (Trial A) is about patent EP (UK) 1 230 818 entitled “Method for improving handovers between mobile communications systems.”. The patent is part of a portfolio of declared standards essential patents held by the Optis group of which the claimants are each members. Optis contends the patent is valid and essential to versions of standard 3GPP TS 45.008 concerning GSM. The particular aspects relied on are (i) 3GPP TS 45.008 v.5.22.0 relating to enhanced measurement reporting about UMTS cells, (ii) 3GPP TS 45.008 v.8.12.0 relating to enhanced measurement reporting about both UMTS and LTE cells, and (iii) the same 3GPP TS 45.008 v.8.12.0, this time relating to normal measurement reporting about UMTS cells. Aside from essentiality, there is no distinct issue of infringement. If the patent is valid and essential, then it is being infringed by Apple.
Lower Court Judgment:
Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors (Rev 1)  EWHC 3248 (Pat) (23 November 2020) (bailii.org)