The Making of a Landmark Ruling: Optis v Apple Explained
Hosted by Joshua Rozenberg, we bring you the inside story from the team behind the landmark Optis v Apple judgment—now the highest-value court-determined SEP license on record. Hear directly from Gary Moss, Chairman at EIP, Andy Sharples, Head of Litigation at EIP, and Arty Rajendra, Head of IP Disputes at Osborne Clarke, as they walk us through the issues which the case presented, the challenges, and the significance of the Court of Appeal’s decision to increase Apple’s license fee from $63.7 to over $700 million. We explore what this means for FRAND litigation, the future of SEP enforcement in the UK and how this ruling could impact global licensing dynamics.
Spotlight
EIP Secures $700 Million Plus for Optis in FRAND Litigation Against Apple
In a judgment handed down today by the English Court of Appeal (Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors [2025] EWCA Civ 552), EIP have secured a landmark decision for its client Optis in its FRAND litigation against Apple. In a 2023 ruling, Mr Justice Marcus Smith fixed the total license fee payable by Apple in respect of Optis’ portfolio of SEPs at $56.43 million. In its judgment today, the Court of Appeal increased the figure to $502 million. With interest, the total amount exceeds $700 million. This is the highest value court determined license of its type on record. In 2023, the Judge had relied on a large number of Apple licenses as evidencing what was a fair and reasonable license fee. However, in his judgment Lord Justice Birss ruled that “Apple’s Framework included indefensible elements such as an insistence on patent by patent licensing (which manifestly would involve a degree of hold out)” and therefore rejected Mr Justice Marcus Smith’s approach. Gary Moss, Chairman, who led the EIP Team said “It was the view of Optis and its legal team that the approach adopted by the Judge was misconceived and out of step with prior FRAND decisions. That view has been vindicated after today’s decision. This judgment will go some way to reestablishing the English courts as an appropriate jurisdiction in which SEP holders can litigate FRAND issues. I would like to pay tribute to the effort of the EIP litigation team and that of Osborne Clarke who were our co- Counsel on the case.”
Subscribe to The Patent Strategist newsletter
Stay ahead in the world of patents—subscribe to The Patent Strategist newsletter for expert insights, in-depth analysis and the most important patent stories delivered straight to your inbox.
INTA 2026 Essentials: Where to stay, what to see and what to do
We’re thrilled that INTA 2026 is coming to London—the city where our firm was proudly founded and continues to thrive! The recent INTA conference in San Diego was fabulous. We believe INTA in London will be a very exciting experience, but quite different from San Diego. London is a vibrant, bustling world-class metropolis that seamlessly blends rich history, a dynamic culinary scene and cutting edge innovation. The sheer size of London and the fact that the conference venue Excel is in East London and quite some way away from Central London, will make it even more important to plan your conference well ahead. Staying near any of the stations of the new Elizabeth Line that will take you to Excel, will probably be a good choice for most. So to help you make the most of your visit, our London-based team has curated a go-to guide covering: Where to stay Things to do and see Where to eat and drink How to get around Apps to download before you arrive Let's get started! Places to stay INTA official hotels Excel/London Docklands Where the INTA conference centre will be located Novotel London Excel - 8-minute walk (INTA official hotel) Sunborn London Yacht Hotel - stay on a boat! - 6-minute walk Good Hotel London - 10-minute walk (INTA official hotel) Crowne Plaza London Docklands by IHG - 10-minute walk (INTA official hotel) Aloft London Excel - 6-minute walk (INTA official hotel) DoubleTree by Hilton London ExCel - 6-minute walk (INTA official hotel) Canary Wharf 14 minutes on the Elizabeth Line to the Excel TRIBE London Canary Wharf (INTA official hotel) Hilton London Canary Wharf (INTA official hotel) Cove - Landmark Pinnacle, Canary Wharf (INTA official hotel) Britiannia International Hotel London Marriott Hotel Canary Wharf (INTA official hotel) Central London landmark hotels The Waldorf - Covent Garden The Langham - Oxford Circus Radisson Blu Edwardian - Bloomsbury Claridge's - Mayfair Corinthia - Trafalgar Square The Hoxton - Holborn Pan Pacific Hotel - Liverpool Street The Savoy - Embankment The Ned - Bank (INTA official hotel) Things to do and see Landmarks to see The London Eye Tower of London Buckingham Palace Houses of Parliament and Big Ben The British Museum St Paul's Cathedral Shakespeare's Globe Theatre Activities Watch a West End Show Climb the O2 Visit Madame Tussauds Check out the V&A museum at both its original location in South Kensington and its new site in East London Visit the Bank of England Eat afternoon tea at the Ritz or Fortnum & Mason Visit us at our offices in Holborn Shopping and markets Oxford Street Covent Garden Camden Market Borough Market Places to eat Excel/London Docklands Tapa Tapa - Spanish tapas Zero Sette Restaurant - Italian Yi-Ban - Chinese Lands End Restaurant, on board the Sunborn Yacht Hotel - British fine dining Canary Wharf Gaucho - Steakhouse Big Easy - BBQ and seafood Roka - Japanese The Ivy - British Oysteria - Seafood Capeesh - Italian Hawksmoor - Steak and seafood Wahaca - Mexican Liverpool Street Straits Kitchen - Fusion Sushi Samba - Japanese Duck and Waffle - European City Social - British Piccolino - Italian Rooftop bars The Shard - London Bridge 1901 Wine Lounge - Liverpool Street Sky Garden - Monument Aviary - Shoreditch Madison - St Paul's Wagtail Rooftop - Monument How to get around From Custom House where the Excel is located, there are two tube lines: DLR Elizabeth Line View the tube map here.Visit the ExCel London website here. Alternative ways to get around: Cable car from IFS Cloud Royal Docks to Greenwich Peninsula - 9-minute walk from the Excel London Uber boat along the Thames Taxis: London's iconic Black cabs Bolt Uber Bikes: Lime Bikes Santander Cycles Apps to download Citymapper - The ultimate transport app, to help you navigate around London Visit London - London's official visitor guide Open Table - Discover and book restaurants
AI and Bitstreams at the Core of China’s Patent Update
On April 30, 2025, the China National Intellectual Property Administration (CNIPA) released a draft amendment of the Patent Examination Guidelines (for public comment), proposing further revisions to the current Guidelines, which only came into effect in January 2024. The proposed amendments cover changes to formality examination, substantive examination, patent re-examination and invalidation and certain procedural matters related to patent examination. In summary, with AI and bitstreams as focal points, CNIPA’s latest proposal to further amend the Patent Examination Guidelines demonstrates China's ongoing efforts to refine and adapt its patent system in response to the needs arising from emerging technologies and its intention to encourage innovations and patent filings in the relevant industries. Meanwhile, the newly drafted Guidelines are intended to clarify examination standards for AI-related and codec and streaming media patent applications. By clarifying eligibility, patentability and drafting requirements for these applications, the Guidelines may provide innovators and patent practitioners with practical guidance for patent filings and prosecution. If adopted, the draft amendments are expected to have significant impact on not only patenting activities in AI and streaming media sectors, but licensing practices in China in the future. Highlights: AI and Bitstreams Highlights of the amendments to substantive examination include further clarification of the criteria for eligibility and patentability for applications related to artificial intelligence (AI), and the addition of a section on the examination of applications involving bitstreams. Notably, these amendments follow closely on the heels of the Guidance for Patent Applications for AI-Related Inventions (Trial Implementation), issued by CNIPA on December 31, 2024. This suggests that China is eager to strengthen its patent system by clarifying and adapting examination standards to address emerging technologies and some key issues of industry concerns. AI-Related Applications: Eligibility, Ethical Rejections, and Sufficient Disclosure In the current Guidelines, the examination of AI-related patent applications is covered under the section titled Examination of Invention Patent Applications Involving Features of Algorithms or Business Rules and Methods. Interestingly, the draft amendments propose changing the title of this section to Examination of Invention Patent Applications Relating to Artificial Intelligence, etc. This change appears to reflect an effort by CNIPA to distance AI-related inventions from business rules and methods—categories that are unpatentable—and to encourage more patent filings for AI-powered inventions in the future. A significant proposed change is that an AI-related application may be rejected on ethical grounds. The draft amendments specify that a patent will not be granted if the invention does not comply with laws, social ethics, or public interests—especially concerning data collection, labelling management, rule setting and recommendation decision-making by AI models. Two examples are cited as unpatentable for ethical reasons: one involving an AI model that collects customers’ facial information without consent and another involving an autonomous driving AI model that makes emergency decisions based on the gender and age of individuals on the road. The draft also introduces specific requirements for sufficient disclosure of the AI algorithm or model in the application specification, addressing the "black box" nature of such systems. This may lead to more frequent objections from examiners for insufficient disclosure during examination of AI-related applications, a concern traditionally limited to chemical and pharmaceutical patent applications. Consequently, insufficient disclosure might also become a more common ground for invalidation of AI-related patents when the validity of a patent is challenged. Bitstreams: Examination Standards and Licensing Implications in the Streaming Media Sector The draft amendments also propose a new section outlining examination criteria for patent applications involving bitstreams, following the section on AI-related applications. This addition aims to clarify the eligibility and requirements for the specification and claims for applications for codec and streaming media technologies. It can have great impact on preparation and prosecution of patent applications for these inventions. Regarding eligibility, the draft states that a claim involving mere bitstreams falls under rules and methods of mental activities and is thus unpatentable. To qualify for patent protection, codec and streaming media inventions must constitute a "technical solution" as defined in Article 2.2 of the Patent Law of China. This approach mirrors the examination standard for AI-related inventions. For claims involving codec and streaming technologies, it is proposed that they may be drafted in various formats—such as a coding/decoding method for generating bitstreams, a method for storing/ transmitting the claimed bitstream, a device for implementing the claimed methods and corresponding computer-readable storage medium claims. According to the Explanatory Notes issued with the draft amendments, these claim types are intended to align with the evolving structure of the streaming media industry and offer right holders protection for “one of the links” in the industry chain. The Explanatory Notes specifies that the aim is not to enable a right holder to assert rights across multiple links in the industry chain for licensing returns that is disproportional to its technical contribution to the industry. This stance reveals CNIPA's view on licensing in the codec and streaming media sector. As explained in the Explanatory Notes, the industry chain of the streaming media sector is fragmented, involving multiple parties across different layers of content creation, storage, and transmission etc. Given this, CNIPA appears to oppose the licensing practice of right holders charging multiple players in different layers of the industry chain for their using the same technology. The CNIPA’s position appears to be that the licensing income obtained from various players in different layers of the industry chain is disproportional to the technical contribution of the right holder to the industry. In doing so, CNIPA appears to address the concerns of some stakeholders in the industry about the so-called “repeated charges” for licensing fees, which may be incurred to different implementors at different levels of the industry chain including hardware manufacturers and streaming platforms, as the result of the licensing practices of some right holders and patent pools in the industry. This issue has long been a topic of debate in China. CNIPA’s position may have significant implications for future licensing practices in the sector. Patenting Expertise in China With deep knowledge of the Chinese market, we offer tailored IP advice specific to China backed by the firm’s broader international expertise, aligning your patent strategies with local demands. We provide practical, market-driven insights to help you navigate China’s complex IP landscape.
Building a Resilient Quantum Patent Portfolio: Winning the Race to File First
A key question for those working in a fast-paced and complex industry such as quantum technology is when to patent any technological developments. The earlier the filing date of the patent application, the earlier you can start to talk about your invention openly, to potential investors, customers, or other companies seeking to collaborate to commercialise the invention. However, speed is not the sole requirement to win the race: to truly succeed, your patent must be robust too. A particular challenge of quantum technology is that there can be a significant delay between devising the initial inventive concept and rigorous proof that the invention actually works in practice. At what point should you file your patent application? There are numerous factors to consider, including how rapidly the technology is evolving and the current priorities of your business, given the funds available. In this article, we will focus on the requirement for patent applications to include a sufficiently detailed explanation of how to carry out the invention, and how this ties into considerations around when to file for patent protection. We will also discuss a sufficiency case study in quantum computing. Requirement of Sufficiency The patent process involves a trade-off: the patentee can prevent others from carrying out their invention for a limited amount of time but, in exchange, they must describe how the invention can be performed. Ironing out the details of a working implementation in order to meet this requirement of sufficiency can take a significant amount of time. This means that patentees must tread a delicate path between getting a patent application on file as soon as they can, without filing the application so early that they are unable to fully describe how the invention works. These issues are particularly relevant for emerging technologies, such as quantum technologies, for which there may be a long road from initial idea to a working prototype, let alone to a commercial product, and where the understanding of the physics underlying an innovative concept is often significantly ahead of the understanding of how to implement the innovative concept in practice. For innovators seeking to change the status quo, there will naturally be a desire to get ahead of the curve by patenting innovative concepts as soon as possible. This could lead to businesses opting to patent before working implementations are fully pinned down, potentially leading to patents that are invalid due to lack of sufficiency. While a description of a plausible way of putting the invention into effect will usually satisfy patent office examiners, issues relating to sufficiency tend to appear when you least want them to, for example during a due diligence exercise for an investment or for a joint venture opportunity, when the issue of sufficiency may be investigated in more detail. We may therefore see an uptick in sufficiency issues arising for quantum tech patents as the technology matures, and as dealmaking increases within the field. Certain sufficiency issues can’t be fixed after a patent application is filed, and a granted patent that insufficiently describes how to perform the invention may be effectively unenforceable and vulnerable to revocation. It is therefore vital to ensure that the technology to implement an innovative concept is adequately understood and described in the patent application at the time of filing. If there is any uncertainty over how to implement an innovative concept in practice, then there is a risk involved in filing a patent application at that time. Whether it is worthwhile taking that risk involves weighing up the level of uncertainty against the possible benefits of filing early. Sufficiency Case Study: Topological Qubits The unveiling by Microsoft in February 2025 of the self-proclaimed “world’s first quantum processor powered by topological qubits”[1] raises interesting questions around the validity of patent applications directed towards topological qubits that were filed before this date. A quick search of published patent applications in the name of Microsoft that mention a “topological qubit” in the title or abstract reveals at least 16 patent families with an earliest effective filing date of before February 2025, with some families filed well before this date. For example, US patent number 8,748,196 has a priority date of way back in November 2010 and includes claims referring to a topological qubit. Even now, there is debate within the quantum community about whether the structure presented in the Microsoft Nature paper[2] that accompanied the February 2025 announcement is truly a topological qubit or whether it is instead an Andreev state. Particular caution may be merited given Microsoft’s previous pronouncements in this space: they were forced to retract a 2018 Nature paper[3] that claimed evidence of topological qubits due to self-confessed “insufficient scientific rigour”. If it is eventually discovered that the structure described in Microsoft’s February 2025 Nature paper is not a topological qubit, there is a significant question mark over whether it would have been possible to produce topological qubits claimed in earlier patents based on the description in these earlier patents and the general knowledge in the field at the time of filing. Put another way, if it weren’t possible to implement topological qubits as late as February 2025, how would it be possible for patents filed earlier than this to include a description of a working implementation of topological qubits? If this were the case, the validity of patents filed earlier than February 2025 that claim topological qubits would be in serious doubt. There is also a more philosophical question regarding the meaning of the term “qubit”. To distinguish a qubit from e.g. an arbitrary two-level quantum system, there is a sense that a qubit must be (i) preparable into a given state, (ii) controllable into other states, and (iii) measurable. If the techniques for any of (i)-(iii) are non-trivial or not yet well established within the field, then a patent application describing a novel two-level quantum system which could in principle serve as a qubit may not be able to make a claim to a qubit per se without running into sufficiency issues. For nascent quantum technologies in which companies are seeking foundational patents, striking a balance between future promise and concrete, demonstrated implementation is essential. Otherwise, we could see sufficiency issues making a dramatic impact on the patent landscape, for example if key patents for a particular technology are held to be invalid due to insufficiency. Conclusion We expect to see sufficiency play an increasingly prominent part in the assessment of validity of patents in the quantum technology space. Choosing the right moment to patent your innovation in this field will be important to obtain resilient protection that can withstand deep scrutiny and third-party challenges. If you would like to discuss protecting your IP in the quantum technology arena or how to optimise your patent filing strategy, please do get in touch with our Quantiphy team. [1] Microsoft unveils Majorana 1, the world’s first quantum processor powered by topological qubits - Microsoft Azure Quantum Blog [2]Interferometric single-shot parity measurement in InAs–Al hybrid devices | Nature [3]Retraction Note: Quantized Majorana conductance | Nature
News Flashes
Plausibility at the forefront of the UK High Court’s decision in finding AstraZeneca’s patent covering blockbuster diabetes drug invalid
Following hot behind the interim injunction decisions regarding the same subject matter between AstraZeneca and Glenmark (and covered previously in this newsflash here), on 28 April 2025, the High Court handed down its judgment on validity of the paten...
Quantum Sensors: What are they and why do they matter to healthcare?
The UN says we are in a year of quantum, celebrating 100 years since the development of quantum mechanics. While quantum computing is often the main talking point, the other areas of quantum tech, such as quantum sensors are getting increased attention...
Court of Appeal overturns High Court’s decision and grants interim injunction to AstraZeneca against Glenmark
AstraZeneca v Glenmark has seen the parties visiting the courts several times since the validity trial (heard in March of this year) over the past few weeks. This case relates to AstraZeneca’s blockbuster drug Forxiga, used to treat type II diabe...
Company
INTA 2026 Essentials: Where to stay, what to see and what to do
We’re thrilled that INTA 2026 is coming to London—the city where our firm was proudly founded and continues to thrive! The recent INTA conference in San Diego was fabulous. We believe INTA in London will be a very exciting experience, but...
EIP Announces Promotion of Ben Maling to Partner
We are delighted to announce the promotion of Ben Maling to Partner, effective from April 1, 2025. Ben's extensive experience in artificial intelligence aligns perfectly with EIP's commitment to staying at the forefront of technological advancements an...
EIP US team strengthened by new lateral hires
EIP is excited to welcome the addition of Amy Salmela and Peter Prommer to our US team, solidifying our growing commitment to that market. Amy Salmela joins as a Partner and brings over 20 years of experience in advising clients on all aspects of US ...
Resources

What SMEs Should Know About The IP Audits Plus Scheme
Designed by the UK Intellectual Property Office (UKIPO), the IP Audits Plus Scheme gives high-growth SMEs the opportunity to understand and assess their IP further. The scheme supports SME growth by offering financial support towards an IP audit. Th...

The Ultimate Patent Guide For SMEs: Prepare, Protect & Enforce
With SMEs accounting for the majority of businesses worldwide, it is no surprise that we are seeing more and more innovation coming from SME businesses. Effectively understanding how to take that innovation to market, and then to optimise profit genera...