Unwired Planet Suspends Patent Action Against Apple and RIM

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­Unwired Planet has announced that it is dropping its patent infringement case against Apple and Research in Motion at the International Trade Commission (ITC), but will continue to pursue the case  in the Federal District Court of Delaware.

Last Thursday, the ITU's, Administrative Law Judge Gildea declined to stay the pending investigation following a joint motion filed by all of the parties. The denial of the joint motion further postponed the ability to appeal what Unwired Planet considers an erroneous claim construction. Rather than proceed with the trial, Unwired Planet has determined that it is in the shareholders' best interest for the Company to terminate the investigation.

Instead, the company intends to continue to pursue the matter in its pending case in the Federal District Court of Delaware, which was initially filed in August 2011 in parallel with -- and involving the same patents as -- the ITC investigation.

The ITU has terminated the investigation and Unwired Planet says that it is now waiting for the Commission to certify the termination (a process that typically takes around 30 days).  Once they have this certification, they can then petition the Delaware court to lift the stay on that case and move it forward.

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Tags: [unwired planet]  [research in motion]  [apple]  [USA

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