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Unwired Planet Drops ITC Claims Against Apple and RIM

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Oct 15, 2012, 8:07 AM   by Eric M. Zeman   @phonescooper

Unwired Planet today announced that it is dropping an investigation of patent infringement against Apple and Research In Motion that it was pursuing with the U.S. International Trade Commission (ITC). Unwired Planet is dropping the ITC claims because of what Unwired Planet calls an "erroneous claim construction" made by the administrative law judge overseeing the case. The way the judge entered in Unwired Planet's claims would have made it impossible for Unwired Planet to prove infringement. Despite the fact that all the parties involved (Unwired Planet, RIM, Apple, ITC counsel) filed a joint motion to correct the legal language, the judge wouldn't allow Unwired Planet to do so until after the trial. Unwired Planet decided that since it couldn't win the case as worded, it would forgo a costly trial and drop the claims filed against Apple and RIM at the ITC altogether. However, Unwired Planet is still pursuing its lawsuit against Apple and RIM over the same patents in the Federal District Court of Delaware. That lawsuit was filed in August 2011.

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