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Apple Loses iPhone Patent Appeal

Apple has lost a court appeal that may result in sales of the iPhone being blocked.

The London Court of Appeal upheld a decision that Optis Cellular Technology can stop Apple from using its patents for 3G and 4G telecommunications, unless Apple commits to fair and reasonable terms of use.

If Apple and Optis are unable to reach terms, the iPhone may be barred from sale in the UK.

The court initially found Apple intended the use Optis’ patents without a licence – a finding that the High Court deemed “obviously correct.”

This is the latest in a long running battle between the Californian tech giant and Optis, who first sued Apple in February 2019, alleging the infringement of eight patents.

This has spawned six separate trials and three appellate hearings in the UK, with two further appeals to be heard next year.

The ongoing saga was slammed by Judge Arnold, saying it showed “the dysfunctional state of the current system.”

“Apple’s behaviour in declining to commit to take a Court-Determined Licence once they had been found to infringe EP744, and their pursuit of their appeal, could well be argued to constitute a form of hold out,” Arnold said.

“While Optis’ contention that an unqualified injunction should be granted would open the door to hold up. Each side has adopted its position in an attempt to game the system in its favour.”



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