Unwired Planet, LLC v. Apple, Inc.
Order by Hon. Vince Chhabria denying 442 Motion for Attorney Fees.(knm, COURT STAFF) (Filed on 8/28/2015)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
UNWIRED PLANET, LLC,
Case No. 13-cv-04134-VC
ORDER DENYING MOTION FOR
Re: Dkt. No. 442
United States District Court
Northern District of California
Apple's motion for attorney fees under 35 U.S.C. § 285 is denied. Apple contends this
case should be deemed exceptional based on Unwired Planet's litigation conduct and its claim
construction and infringement positions. But far from being a case "that stands out from others,"
Octane Fitness, LLC v. ICON Health & Fitness, Inc., 572 U.S. ----, 134 S.Ct. 1749, 1756 (2014),
Unwired Planet, much like Apple, engaged in the type of litigation conduct that has come to be
expected in a hard-fought patent infringement case, and although Unwired Planet did not prevail
in its infringement case, none of its positions was especially weak from an objective standpoint.
To the contrary, for each patent, Unwired Planet put forth claim construction and infringement
theories that were within the range of reasonableness (although in some cases an admittedly wide
range of reasonableness). Accordingly, considering the totality of the circumstances, this case is
not exceptional, and Apple's motion for attorney fees is denied.
IT IS SO ORDERED.
Dated: August 28, 2015
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?