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Apple wants Unwired Planet to pay $15 Million in Attorney Fees for Wasting their Time in Patent Infringement Case

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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:

 

  1. UP's blatantly litigation-driven pursuit of an overboard and unsupported construction of "provisioning" merits fees
  2. UP should have known it could not prove literal infringement of the '260 patent
  3. UP should have dropped the '446 patent after the Court's Claim Construction Order
  4. UP should have dropped the '092 patent when Apple served it's non-infringement contentions
  5. 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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