Apple, InterDigital & Others v. Optis [2025] EWCA Civ 1263
The Court of Appeal considered the confidentiality to be afforded to non-parties and parties to an action in circumstances where confidential information has been included in a judgment.
The Court, considering both of its own decisions in Lilly ICOS v. Pfizer (No 2) [2003] 1 WLR 2253 and JC Bamford Excavators v. Manitou [2023] EWCA Civ 840, explained the relationship between those two judgments, and reversed the decision of Marcus Smith J ([2024] EWHC 197(Ch)). The Court recognised the right of non-parties InterDigital, Qualcomm and others to appeal a judgment in proceedings to which they were not themselves a party.
Brian Nicholson KC acted for Apple, instructed by Wilmer Cutler Pickering Hale & Dorr LLP.