Unwired Planet, LLC v. Apple, Inc.

Filing 348

ORDER GRANTING SUMMARY JUDGMENT RE WILLFUL INFRINGEMENT. Signed by Judge Vince Chhabria on 4/23/2015. (knm, COURT STAFF) (Filed on 4/23/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 UNWIRED PLANET, LLC, Case No. 13-cv-04134-VC Plaintiff, 8 v. ORDER GRANTING SUMMARY JUDGMENT RE WILLFUL INFRINGEMENT 9 10 APPLE INC, Defendant. United States District Court Northern District of California 11 12 Unwired Planet has sued Apple for infringement of four patents (the '831 patent, '446 13 patent, '260 patent, and '092 patent). The parties have filed cross-motions for summary judgment. 14 Included in Apple's motion is an argument that Unwired Planet cannot establish willful 15 infringement as a matter of law. Although the other issues presented by the parties' cross-motions 16 remain under submission, the Court hereby rules on Apple's motion with respect to willful 17 infringement. 18 "Establishing willful infringement of a valid patent requires a two-prong analysis entailing 19 an objective and a subjective inquiry." Halo Electronics, Inc. v. Pulse Electronics, Inc., 769 F.3d 20 1371, 1381-82 (Fed. Cir. 2014). First, Unwired Planet must "show by clear and convincing 21 evidence that [Apple] acted despite an objectively high likelihood that its actions constituted 22 infringement of a valid patent." In re Seagate, 497 F.3d 1360, 1371 (Fed. Cir. 2007). Second, if it 23 can satisfy the first prong, Unwired Planet must then prove that Apple knew or should have known 24 of the objectively high risk that it was infringing. Id. 25 Although the question whether Apple is entitled to summary judgment on noninfringement 26 of the four patents is difficult, the question whether Apple willfully infringed is not. The evidence 27 in the record clearly establishes that Unwired Planet cannot, as a matter of law, satisfy the first 28 prong of the test for willfulness. As will be clear from the Court's forthcoming order on the 1 remaining issues presented by the cross-motions, Apple has an objectively reasonable basis for 2 believing it does not infringe any of the four patents held by Unwired Planet, and no reasonable 3 juror could conclude otherwise by clear and convincing evidence. This is so with respect to all 4 four patents, regardless of whether the issues of infringement or invalidity of any of those patents 5 need to go to a jury. Accordingly, summary judgment is granted for Apple on Unwired Planet's 6 allegation of willful infringement of the patents-in-suit. 7 8 9 10 United States District Court Northern District of California 11 IT IS SO ORDERED. Dated: April 23, 2015 ______________________________________ VINCE CHHABRIA United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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