Unwired Planet, LLC v. Apple, Inc.

Filing 468

Order by Hon. Vince Chhabria denying 442 Motion for Attorney Fees.(knm, COURT STAFF) (Filed on 8/28/2015)

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 DENYING MOTION FOR
ATTORNEY FEES

9
10

APPLE INC,

Re: Dkt. No. 442
Defendant.

United States District Court
Northern District of California

11
12

Apple's motion for attorney fees under 35 U.S.C. § 285 is denied. Apple contends this

13

case should be deemed exceptional based on Unwired Planet's litigation conduct and its claim

14

construction and infringement positions. But far from being a case "that stands out from others,"

15

Octane Fitness, LLC v. ICON Health & Fitness, Inc., 572 U.S. ----, 134 S.Ct. 1749, 1756 (2014),

16

Unwired Planet, much like Apple, engaged in the type of litigation conduct that has come to be

17

expected in a hard-fought patent infringement case, and although Unwired Planet did not prevail

18

in its infringement case, none of its positions was especially weak from an objective standpoint.

19

To the contrary, for each patent, Unwired Planet put forth claim construction and infringement

20

theories that were within the range of reasonableness (although in some cases an admittedly wide

21

range of reasonableness). Accordingly, considering the totality of the circumstances, this case is

22

not exceptional, and Apple's motion for attorney fees is denied.

23
24
25
26
27
28

IT IS SO ORDERED.
Dated: August 28, 2015
______________________________________
VINCE CHHABRIA
United States District Judge