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08.09.2009 Blog

Apple Demands Fees. Monec Demands Reconsideration.

Hot on the heels of its early victory, Apple has filed a motion for sanctions against Monec under Rule 11, and a request for its attorney fees.  Fees.pdf  Apple contends that the allegations of infringement by the iPhone were objectively unreasonable, because of the limitation in the patent that the invention permit one page of a book to be displayed at a "normal size."  According to Apple, and Judge Brinkema in the order granting judgment of noninfringement, the iPhone does not meet this limitation.  Monec has filed a motion for reconsideration, arguing that the Court's claim construction includes errors of law, and that the Court's order denies Monec due process.  Monec.pdf  Specifically, Monec argues that the Court improperly took judicial notice that a librarian constituted a person having ordinary skill in the art without complying with Federal Rule of Evidence 201, and that the Court should not have granted judgment without the benefit of discovery, a Markman hearing, etc.  A hearing on both motions is set for August 21.


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