Today we are providing an interim update regarding recently received Markman orders. This update is largely in response to a variety of individual requests we have received from shareholders. We wanted to make the information widely available to all at the same time.
On November 3rd we received our claim construction order (the “Markman Order”) from Judge Chhabria in the Northern District of California that you can read here (Markman Order). Based on the procedural history of this case, Unwired Planet chose 10 representative claims from 5 patents for claim construction. Apple then selected 10 claim terms from the claims for construction by the Court.
The numerical results of the Markman Order are as follows:
- 3 claim terms were agreed by the parties
- 2 claim terms were adopted as proposed by Apple
- 1 claim term was adopted as proposed by Unwired Planet
- 3 claim terms were construed on a modified basis by Judge Chhabria (in other words, he did not adopt either party’s primary proposed construction, but modified it in some way or adopted an alternate construction offered by Apple)
- 1 claim term was not construed
As a reader/investor/interested party, we understand that it is difficult to interpret the results of the Markman Order and its impact on our case, particularly without access to the infringement evidence and confidential technical information of Apple that we, of course, cannot provide to the public. It would certainly not be appropriate to evaluate the Markman Order as a score card and, therefore, a predictor of outcome at the upcoming trial.
As we continue to review and evaluate the technical implications of the constructions, if there is any need to modify our case we will do so, possibly substituting or dropping claims. The parties are now working on expert reports based upon the Markman Order and we intend to continue to pursue our case to trial next June.
On October 3rd we received a claim construction order (the “Square Markman Order”) from Judge Jones in the District of Nevada that you can read here (Square Markman Order). Square requested construction of 16 terms across 3 patents. The Court adopted Unwired Planet’s construction on 14 terms, and adopted a modified construction on the other 2 terms. The parties are now working on expert reports based upon this Square Markman Order.