Apple wants Unwired Planet to pay $15 Million in Attorney Fees for Wasting their Time in Patent Infringement Case
Back in in 2012 we posted a report titled "Say what? Unwired Planet Sues Apple for… Well … Everything!." We apparently hit the nail on the head with that byline because last Friday Apple filed a motion against Unwired Planet before the Court in San Francisco. They're asking the court to award them $15 million for attorney fees and costs in a case that began in 2012. One part of Apple's argument before the court is officially titled: Unwired Planet's (UP's) "Everything but the Kitchen Sink" approach should be deterred."
Apple believes that the court should grant Apple their motion because of the following 5 reasons:
- UP's blatantly litigation-driven pursuit of an overboard and unsupported construction of "provisioning" merits fees
- UP should have known it could not prove literal infringement of the '260 patent
- UP should have dropped the '446 patent after the Court's Claim Construction Order
- UP should have dropped the '092 patent when Apple served it's non-infringement contentions
- Apple's Attorney's Fees and Costs are Reasonable
The full patent numbers could be found in our original report here. Apple is stating that 3 out of the 5 original patents should have been dropped early on this case as it has wasted everyone's time. The motion was signed by Brooke Myers Wallace of Gibson, Dunn and Crutcher LLP.
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