Unwired Planet Comments on ITC Litigation
RENO, Nev. -- October 08, 2012
Unwired Planet, (Nasdaq: UPIP), today commented on pending investigation
against Apple and Research-in-Motion in the International Trade Commission
(ITC). For more information, please see Unwired Planet’s blog at
On Friday, September 28, 2012, Administrative Law Judge (ALJ) E. James Gildea
issued a Markman (or “claim construction”) order (Order No. 46) which provides
the meaning of disputed terms in the claims of the patents at issue. In
response to a Motion for Clarification filed by Unwired Planet (the “Company”)
on Monday October 1, the ALJ then issued an additional Order (Order No. 51) on
Friday October 5.
In these orders, all four patents in the ITC case have been construed in at
least one way that significantly weakens the Company’s infringement case.
While disappointing, Unwired Planet believes it is important to note that this
result has no impact on any patents in the Company’s pending cases in Nevada,
no impact on any other patents in the portfolio except possible implications
for the patent family members of the patents-in-suit, and is not binding upon
the Federal Judge in the pending Delaware equivalent case.
Unwired Planet’s patent portfolio contains 200 patents and 75 applications
encompassing foundational contributions to the mobile industry. The pending
ITC case is a small part of Unwired Planet’s strategy. The Company has been,
nonetheless, fully prepared for the possibility of a negative result, and has
been taking actions over the last few months designed to better situate
Unwired Planet for its long-term licensing effort.
As such, these events do not materially impact the Company’s long-term plans;
as noted, this Markman decision impacted only a small fraction of the
Company’s 200 patents. Unwired Planet’s pending Federal court cases in Nevada
continue unaffected (containing a collective total of 20 patents) and the ITC
has no binding effect upon our Delaware case (containing the 5 patents
initially filed in the ITC Matter). The Company also has many valuable patents
that are not in pending litigation. Finally, the Company has a strategy to
address any adverse impact that the ITC proceeding may have had on the
foundational patents at issue and their family members.
As of right now, the case remains scheduled to go to trial on October 15th.
Given the impact of the Markman order on our infringement case, the Company
has petitioned Judge Gildea to enter summary determination of non-infringement
so that the Company can pursue an immediate appeal of the claim construction.
Unwired Planet has further requested a stay of the pending trial. Both
petitions are currently under consideration by the ALJ.
The Company has established a blog to provide more details on this and other
matters at www.unwiredplanet.com/unwired-planet-blog/. Please visit that site
for an expanded summary of events, the Company’s perspective and a detailed
discussion of the Markman ruling and procedural status.
About Unwired Planet
Unwired Planet (NASDAQ: UPIP) is the inventor of the mobile internet. Unwired
Planet established many of the foundational patents that allow mobile devices
to connect to the Internet. Over the years, the company has amassed a patent
portfolio of approximately 200 issued US and foreign patents and approximately
75 pending applications, many of which are considered foundational to mobile
communications, and span smart devices, cloud technologies and unified
messaging. Unwired Planet is headquartered in Reno, Nevada.
Cautionary Language Regarding Forward-Looking Statements
This press release contains forward-looking statements within the meaning of
Section 27A of the Securities Act of 1933 and Section 21E of the Securities
Exchange Act of 1934, including statements regarding Unwired Planet’s
expectations regarding the impact of the Markman order. All statements other
than statements of historical fact contained in this press release are
forward-looking statements. In some cases, you can identify forward-looking
statements by terminology such as “may,” “will,” “should,” “expects,” “plans,”
“anticipates,” “believes,” “estimates,” “predicts,” “potential” or “continue”
or the negative of these terms or other comparable terminology. These
statements are only current predictions and are subject to known and unknown
risks, uncertainties and other factors that may cause Unwired Planet’s actual
results, levels of activity, performance or achievements to be materially
different from those anticipated by the forward-looking statements. These
forward-looking statements are subject to a number of risks, including the
uncertainty of the impact of the Markman order, the ability of Unwired Planet
to realize anticipated results of its plan and strategy, the ability of
Unwired Planet to implement and execute its plan and strategy as well as those
risk factors discussed in filings with the U.S. Securities and Exchange
Commission (“SEC”), including but not limited to the Company’s Annual Report
on Form 10-K filed on September 7, 2012, and any subsequently filed reports on
Forms 10-Q and 8-K. Unwired Planet undertakes no duty to update or revise any
of the forward-looking statements, whether as a result of new information,
future events or otherwise, after the date of this press release.
The Blueshirt Group
Mike Bishop, 415-217-4968
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