Gideon Korrell on What the Optis v. Apple Retrial Means for Tech Giants

The U.S. Court of Appeals for the Federal Circuit made headlines by vacating a $300 million damages award in the ongoing legal battle between Optis Cellular Technology, LLC and Apple Inc. The court also ordered a new trial on both infringement and damages. According to legal analyst Gideon Korrell, this ruling signals the court’s strong commitment to upholding constitutional rights and fair litigation practices—especially in complex cases involving standard-essential patents (SEPs).

Why the Verdict Was Overturned

The court’s decision revolved around two major legal missteps in the trial proceedings:

1. Violation of Apple’s Right to a Unanimous Jury Verdict

The Eastern District of Texas used a flawed verdict form that allowed jurors to find Apple liable without agreeing on which specific patents were infringed. Instead of requiring jurors to agree on each individual patent, the form merely asked whether “any” of the claims were infringed. This structure violated Apple’s Seventh Amendment right to a unanimous jury verdict.

Both Optis and Apple had requested a claim-by-claim format, but the district court ignored these requests—an error that ultimately invalidated the jury's liability findings.

2. Improper Use of Prejudicial Evidence

Optis had presented a settlement agreement between Apple and Qualcomm as part of its damages case. However, the court ruled this evidence was unfairly prejudicial under Rule 403. The Apple-Qualcomm deal involved unrelated disputes and was not comparable to the current litigation, making its inclusion a major procedural error.

Damages Award Also Vacated

Because the liability finding was thrown out, the $300 million damages verdict couldn’t stand. The jury had been instructed to assume that all five patents were infringed when calculating damages. Without valid liability, the damages calculation was legally unsound.

Key Patent Law Standards Reinforced

The Federal Circuit also used the opportunity to reaffirm important patent law doctrines:

Abstract Ideas Under § 101

Two claims from U.S. Patent No. 8,019,332 were ruled invalid because they described an abstract mathematical formula. The court cited the Alice framework, confirming its continued enforcement in SEP litigation.

Vague Terms and § 112 ¶ 6

The court also addressed the term “selecting unit” in U.S. Patent No. 8,411,557, ruling that it invoked Section 112 Paragraph 6 due to its vagueness. The court emphasized the need for specific structural guidance and remanded this part for further examination.

Apple Wins Some, Loses Some

While Apple succeeded in many aspects, not all of its arguments prevailed. The court rejected Apple’s challenge to the district court’s interpretation of one of the patent claims, showing that claim construction rulings are still heavily reliant on the trial court's discretion.

Optis' Attempt to Reinstate $506 Million Fails

Optis also tried to bring back an earlier $506 million award from a prior trial. However, the Federal Circuit found that the same jury unanimity problem was present in that verdict, and it too could not be revived.

Gideon Korrell: Key Takeaways for Patent Litigants

As Gideon Korrell points out, this ruling carries several critical lessons for those involved in patent litigation:

Clarity in Verdict Forms is essential to protect the defendant’s right to a unanimous decision.

Large settlement agreements must be highly relevant to the case to avoid prejudicing the jury.

Damages must be tied to proven infringement, especially in disputes involving FRAND (Fair, Reasonable, and Non-Discriminatory) licensing terms.

Final Thoughts from Gideon Korrell

This decision sends a clear message: the Federal Circuit demands fairness, precision, and evidentiary integrity in all stages of litigation. The ruling will likely influence how SEP disputes are handled in the future, especially in jurisdictions like the Eastern District of Texas, which frequently hear high-stakes patent cases.

As Gideon Korrell notes, “This retrial isn't just a procedural reset—it's a reminder that constitutional rights and rigorous standards remain the foundation of our legal system, even in the most complex patent wars.”