Apple Raises Unusual Equivalence Defense At IP Trial Start

Law360, London (April 16, 2021, 6:54 PM BST) -- Apple won permission to argue that a standard essential patent for wireless technology is invalid because an "equivalent" invention already existed as an infringement trial kicked off in London on Friday, teeing up an issue likely to go up on appeal.

High Court Judge Richard Meade said he would allow Apple to add the argument to his defense on the first day of the trial over patent holding company PanOptis LLC's infringement claims. He also noted that Apple's atypical claim of "anticipation by equivalents" could land in an upper court.

"Both sides need to give thought to what we're going to...

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