Unwired Planet Comments on ITC Litigation
RENO, Nev.--(BUSINESS WIRE)--
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 www.unwiredplanet.com/unwired-planet-blog/
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
mike@blueshirtgroup.com
Source: Unwired Planet
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