A bite out of the Apple: Another Patent lawsuit for Apple

Michael Coyle
March 1, 2019

Apple starts 2019 with more legal issues alongside its fall in profits.

Apple has been dealt a Patent lawsuit in the Eastern District of Texas.

On Monday 25 February 2019, Optis Wireless Technology (ÂOptisÂ) (an intellectual property company) and other plaintiffs filed a claim against Apple at the US District Court for the Eastern District of Texas. Optis has accused Apple of infringing its portfolio of seven patents that relate to its long term evolution (ÂLTEÂ) (a standard of 4G wireless broadband technology that offers increased network capacity and speed in to mobile devices users). Â It alleges that Apple did this through the sale of AppleÂs iPhone, iPad and smart watch lines.

The other plaintiffs include Unwired Planet, PanOptic Panent Management in relation to their own portfolios relating to 3G and 4G technologies, but they are non-practicing entities.

In January 2017, the plaintiffs sent Apple some correspondence initiating their Âgood faith effortsÂ.Â This was done by the plaintiffs in the hopes of licensing their essential patents on fair, reasonable, and non-discrimination (ÂFRANDÂ) agreement with Apple. However, Optis has stated that Apple failed to act in Âgood faithÂ.

Optis is now seeking damages in the form of reasonable royalties and a declaration stating that it acted in Âgood faithÂ and in compliance with the requirements of FRAND.Â

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Written By:

Michael Coyle

Michael is Lawdit’s Principal and heads our Commercial and Intellectual Property Department. As a Solicitor Advocate, he is one of a select group of legal experts qualified to represent clients as an advocate in the Higher Courts in England and Wales. He holds a Master of Laws degree (LL.M) from Nottingham Trent University and is a guest lecturer at Southampton Solent University. He has also completed a teaching stint at the Academy of Music in Guildford where Michael taught copyright law. Michael is highly regarded for his work in all areas of intellectual property law (which includes the eCommerce and IT fields), litigation and company/commercial matters. He regularly advises on non-contentious issues including regulatory and statutory obligations and has been involved in many successful disputes, with a strong reputation for finding common sense and practical solutions for clients. In 2017, Michael was awarded the honorary degree of Doctor of Law from Southampton Solent University for his contribution to the University and his continued support to its students.