Apple Inc. logo. in one of the company’s stores in Sydney, Australia. Photographer: Brent Lewin/Bloomberg
Friday, October 28, 2022
The dispute is part of a long legal stalemate with Optis which has led to six separate trials and several appeals.
Apple Inc. lost an appeal in London over a patent on a critical technology used in the iPhone.
The High Court upheld an earlier ruling that Optis Cellular Technology LLC could prevent Apple from using important patents for 3G and 4G telecommunications unless Apple agrees to the terms fair and reasonable use.
The dispute is part of a long legal stalemate between Apple and Optis that has lasted for six separate trials and multiple appeals in the UK. This case could set a precedent for licensing standard essential patents, technologies that are critical to the operation of certain products or services.
Optis first sued Apple in the UK in February 2019 alleging that Apple infringed on eight of its patents. Apple responded that Optis had abused its dominant position.
They may have to agree to levy a court-determined fee once the patent is proven valid and infringed, or risk having their product blocked in the United Kingdom.
Emails to Optis and Apple requesting comment were not immediately returned.
The litigation between the companies reflects the “dysfunctional state of the current system” for resolving disputes over standard essential patents and fair terms, the judges said in their ruling. “Each side has taken their stand in an attempt to play the system in their favor.”
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