Optis Cellular Technology LLC & others (claimants/appellants) v Apple Retail UK Ltd & others (defendants/respondents)
Tuesday 14 – Wednesday 15 March 2023)
By Appellant’s Notice filed on 21st January 2022 the Claimants/Appellants appeal the Order of Mr Justice Meade dated 10th December 2021 in which he dismissed the claim and entered judgment for Apple on the counterclaim; revoked the patents and ordered consequential costs.
Background – The Patent relates to a method for improving the efficiency of control signalling on the downlink in a wireless communication system. It is focused particularly on the downlink control channel in LTE, the PDCCH (Physical Downlink Control Channel). The Judge found the skilled person to be a RAN1 engineer with the aptitudes and CGK appropriate to the tasks that RAN1 would require of them, but not with a specific focus on the PDCCH.
Apple argued that the Patent was obvious over two pieces of prior art. The Appellants (Optis) submit that for the reasons set out in their Grounds of Appeal, the Judge’s conclusions as to the obviousness were simply not supported by the evidence, or to the extent that they were supported by Apple’s expert, his views could not reasonably have been arrived at except through hindsight.