Lindsay Lane KC (together with Jeremy Heald) represented the Appellants “Apple” and Jennifer Dixon (led by Tom Hinchliffe KC) represented the Respondents “Optis”, in an appeal concerning the validity and infringement of two 4G Standard Essential Patents. The SEPs related to a “code multiplexing structure” for sending ACK/NACK and CQI signals in mixed resource blocks on the Physical Uplink Control Channel. Meade J had held that both patents were valid as amended, essential and infringed by the mobile devices of Apple.
Birss LJ, giving the judgment of the Court of Appeal, dismissed Apple’s challenge to the judge’s findings on the construction of the claims, anticipation and infringement. In the context of construction, the Court of Appeal considered the jurisprudence concerning “means plus function” claims.