Standing Battle Escalates in Fortress-Uniloc Cases as Redactions Get Rolled Back, but Key Licensing Terms Remain Sealed

February 24, 2019

A contentious battle over standing has continued to develop in litigation between Apple and Uniloc Corporation Pty. Limited (Uniloc). Earlier this month, District Judge William Alsup of the Northern District of California rejected Apple’s argument that Uniloc’s purported “defaults” under a complex set of agreements with Fortress Investment Group LLC had deprived Uniloc of standing by shifting sufficient rights in the asserted patents to Fortress. Apple has now sought permission to move for reconsideration, asserting that Judge Alsup erred by adopting an argument not briefed by the parties and by finding that Uniloc had cured any defaults that had existed. Meanwhile, a related dispute over confidentiality has also heated up in the wake of Judge Alsup’s mid-January order that Uniloc could not justify the broad withholding of details about its agreements with Fortress. Uniloc has now filed a motion for reconsideration of that decision, seeking a much more limited set of redactions—in the process, revealing new details about the evolving Uniloc-Fortress relationship.

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