The Court of Appeal dismissed Apple’s appeal of a lower court ruling that found the company had infringed the patents. Apple had argued that the patents were not essential to 4G and that it did not need to license them from Optis. However, the Court of Appeal found that the patents were essential and that Apple had infringed them by using the technology without a license.
The ruling could have significant implications for Apple. It could be forced to pay Optis damages, and it could, although unlikely, also be blocked from selling iPhones and iPads in the UK.
[Apple’s] challenge was rejected by the Court of Appeal, with Judge Colin Birss saying in a written ruling that the High Court was “right to reject (Apple’s) argument for non-infringement” and on the issue of the patents being essential.
The Court of Appeal last month upheld an appeal by Optis against an earlier decision to revoke two other 4G-related patents, following a ruling in October that Optis is entitled to an injunction to stop Apple infringing its patents before a court has ruled on the fair, reasonable and non-discriminatory terms of use.
Apple was granted permission earlier this year to appeal against the October ruling.
