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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I I { 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 I 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 i I I J 2014 I

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