Unwired Planet Inc. (UPIP), the patent monetization company soon to be overhauled by incoming CEO Boris Teksler, is planning to appeal a U.S. District Court in San Francisco’s ruling throwing out claims of direct and indirect infringement in three of four patents allegedly infringed by Apple Inc. (APPL).
Judge Vince Chhabria on May 26 approved a joint stipulation seeking final judgement in the dispute that was filed in Sept. 19, 2013. The case had been transferred from a federal court in Reno, Nevada after having originally been filed there in 2012. The four patents in suit cover technology for cellular and voice recognition and for identifying the location of mobile terminals.
Judge Chhabria on Friday May 20 had granted Apple’s motion for summary judgement of non-infringement on the asserted claims of U.S. Patent Nos. 6,317,831, 6,532,446 and 6,646,260. The judge denied a motion for summary judgement with respect to literal infringement of the asserted claims of a fourth patent 6,321,092, though he granted summary judgment in terms of induced and contributory infringement.
After the ruling, Unwired Planet notified the court that the damages it was seeking with respect to the asserted claims of the ‘092 were “de minimus.”
“Unwired Planet wishes to seek appellate review of the District Court’s non-infringement rulings without delay,” Judge Chhabria said in the order approving the joint stipulation of final judgement.
Shares of Unwired Planet fell 1.11% or 0.8 cents to 71 cents in midday trading. They have traded between 54 cents and $2.38 over the past year.
Officials of Reno, Nevada-based Unwired Planet couldn’t be reached for comment.
Courtland Reichman, a partner with McKool Smith Hennigan P.C. in Redwood Shores, Calif., who represents Unwired Planet, couldn’t be reached immediately for comment.
Mark Lyon, a partner with Gibson Dunn & Crutcher LLP in Palo Alto, Calif., who represents Apple, also couldn’t be reached.
Teksler, a senior executive at Technicolor SA, a technology provider to the media and entertainment sectors, is set to join Unwired Planet June 1 and lead a turnaround of the company that has seen its stock slide since it agreed to arches portfolio of 2,150 patents from Ericsson AB.
The much criticized deal required Unwired Planet to pay Ericsson up to 20% of the first $100 million it receives in licensing agreements, 50% of the next $400 million and 70% of any amounts above $500 million.
The company is counting on Teklser to try to restructure that deal.
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