Legal News

Optis wins final technical trial against Apple in the Patents Court (Optis v Apple)

Published on: 31 March 2022
Published by: LexisNexis
  • Optis wins final technical trial against Apple in the Patents Court (Optis v Apple)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Infringement and essentiality
  • Validity over the prior art
  • Amendment of the patents
  • Case details

Article summary

IP analysis: On 15 March 2022, Mr Justice Meade handed down the judgment in the last of the technical trials in the Optis v Apple standard essential patent (SEP)/fair, reasonable and non-discriminatory (FRAND) litigation, so-called technical ‘Trial D’. The patents in issue, which each relate to mobile handsets, were declared to be valid, essential and infringed by Apple. In particular, Apple unsuccessfully argued that the technology of the claimed invention, although required by the standard, was not infringed on the basis that it is optional and not implemented by network operators in the UK. This final technical trial will be followed in the coming months by the FRAND trial in these Optis v Apple proceedings, which is listed for June–July 2022. In the FRAND trial, the court will seek to determine FRAND terms, following its judgment in September 2021 which found Apple to be an ‘unwilling licensee’. Written by Neville Cordell (partner), Sian Avery (associate) and Patricia Woodbridge Ortega (trainee) at Allen & Overy LLP. or take a trial to read the full analysis.

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