Openwave Systems Inc. v. Apple Inc. et al

Filing 102

MEMORANDUM re 101 Stipulation (see Memorandum for further details). Signed by Judge Richard G. Andrews on 10/2/2014. (nms)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
OPENWA VE SYSTEMS INC.,
Plaintiff,
Civil Action No. 11-765-RGA

v.

APPLE INC., et al.,
Defendants.

MEMORANDUM

I have before me the "Stipulation and Order Regarding Judgment ofNoninfringement for
all Accused Products under the Court's Claim Construction Order." (D.1. 101).
I originally was told that if I construed the disputed claim terms a certain way, Plaintiff
would stipulate to a judgment of non-infringement so that it could appeal the claim construction.
Thereafter, I construed the disputed claim terms that way. Plaintiff would not stipulate to noninfringement, and I was presented with summary judgment briefing. I explained why I could not
grant summary judgment on the record before me. (D.I. 100). While I continued to think the
claim construction was right, I was not sure how it would apply to the facts presented in the
summary judgment briefing.
I now have the judgment of non-infringement that I expected to get earlier. I am going to
sign it, but I do so being somewhat uncertain as to whether the Federal Circuit will think that the
record is sufficient to decide the issue of claim construction. I think the parties probably have
similar thoughts. (See D.I. 101 i!8). I do note that the parties agree that a Federal Circuit
decision at this stage would be the most efficient way to proceed. (Id.). I think they are right on

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that point. Further, I think, in this case, it is appropriate for me to defer to their judgment as to
the best way to proceed.

October

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2014

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