Optis v Apple [2021] EWHC 3121 (Pat)
Trial C concerned the validity of three patents from the same family, originally applied for by LG Electronics Inc and later acquired by Optis: EP (UK) 2 093 953 B1, EP (UK) 2 464 065 B1 and EP (UK) 2 592 779 B1. The Patents concerned the use of a mathematical technique (a linear congruential generator) as part of a formula (also using the modulo function) to determine the start of a search space for control information in the Physical Downlink Control Channel (PDCCH) of the LTE telecommunications standards.
Apple counterclaimed for revocation of the Patents (on grounds of obviousness over (i) T-Doc slides R1‑11801 entitled “PDCCH Blind Decoding – Outcome of offline discussions” presented at a RAN1 meeting of 11-15 February 2008 (“Ericsson”); and (ii) the Art of Computer Programming, Vol. 2 Seminumerical Algorithms, Chapter 3 “Random Numbers”, pages 1-40 (“Knuth”)). Apple also advanced two insufficiency arguments as “squeezes”.
Meade J heard the trial in person between 5-14 October 2021. The Judge agreed with Apple that the Patents were invalid because they were obvious over Ericsson.
Adam Gamsa appeared as junior counsel for Apple, instructed by Wilmer Cutler Pickering Hale and Dorr LLP