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)

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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 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. ยง 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

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