Unwired Planet, LLC v. Apple Inc.

SUMMARY JUDGMENT ORDER

I. Introduction

Unwired Planet has sued Apple for patent infringement. Unwiréd asserts claims from four different patents: U.S. Patent No. 6,317,831 ('831 patent), U.S. Patent No. 6,532,446 ('446 patent), U.S. Patent No. 6,646,260 ('260 patent), and U.S. Patent No. 6,321,092 ('092 patent). The parties have cross-moved for summary judgment on various issues.

Apple’s motion for summary judgment of noninfringement is granted with respect to the '831 patent, the '446 patent, and the '260 patent. This means several of the parties’ summary judgment arguments on those patent's are moot. Further, Apple has informed the Court that in the event the Court grants Apple’s motions for summary judgment of noninfringement, Apple will no longer pursue its invalidity counterclaims with respect to those patents at the upcoming trial, provided that it can still pursue them if the case is remanded on appeal. Therefore, the only remaining patent-in-suit will be the '092 patent.

And on the '092 patent, Apple’s motion for summary judgment of noninfringement is denied with respect to literal infringement, but is granted with respect to induced and contributory infringement.…