Unwired Planet has decided to terminate its International Trade Commission (ITC) litigation against Research In Motion and Apple. Instead, Unwired Planet has decided to pursue the matter in the District Court of Delaware.

Here’s a summary of what has happened in regards to Unwired Planet’s litigation:

  • On Thursday morning, October 11th, all of the parties in the ITC investigation (Apple, RIM, Unwired Planet and ITC Staff counsel) filed a joint agreed motion petitioning Administrative Law Judge (“ALJ”) Gildea for summary determination of non-infringement (based upon the results of the claim construction orders) to immediately allow us to appeal what Unwired Planet considered to be an erroneous claim construction without having to bear the delay and substantial expense of a trial.
  • Despite the agreement of the parties, the ALJ denied the joint motion and ordered the parties to proceed to trial even though he had already determined that the patents were not infringed based on the claim construction order.    The trial, which would have covered all other matters besides infringement (such as validity and domestic industry), would have been futile for Unwired Planet in view of the indication from the ALJ that he intended to find no infringement.
  • Rather than proceed with a costly trial, we determined that it was in our shareholders’ best interests for us to terminate the investigation, which would allow us to turn our focus to our pending cases in the Federal District Courts of Nevada and Delaware.  The Delaware case was filed in August 2011 in parallel with — and involving the same patents as — the ITC investigation, and provides us with a fresh opportunity to seek a revised claim construction that is more favorable.

At Unwired Planet’s request, the ALJ has terminated the investigation and they are now waiting for the Commission to certify the termination (a process that typically takes around 30 days).  Once Unwired Planet has this certification, they can then petition the Delaware court to lift the stay on that case and move it forward in the infringement case on 5 of their 200 patents they alleged RIM and Apple have violated against.

via Unwired Planet