Openwave, Unwired Planet lose appeal to the CAFC against Apple

Among other reasons, the case is of interest because of the reliance of the CAFC
on text in the "background" section:


The import of this section of the specification could not be
clearer: the perceived problem with the prior art “intelligent
devices” was the attempt to combine mobile devices
with computer modules, resulting in a device that was too
expensive, too bulky, too inflexible, and, therefore, commercially
infeasible.

This section similarly makes clear that any solution to
this problem requires movement away from the prior art’s
attempt to combine a computer module with a mobile
device:
Up to now, intelligent communication devices
have combined a computing module with a wireless
communications module. However, to gain
widespread acceptance, a two-way data communication
device with processing capability and the
ability to run a wide variety of differing user applications
is needed. In addition, such a device
should be comparable in size, cost, and weight to a
cellular telephone.
Id. at col. 3 ll. 29–35. The Summary of the Invention
begins by continuing along these lines, distinguishing the
invention of the patents-in-suit from the prior art devices
that include computer modules



The conclusion of the case:


For the foregoing reasons, and because we find that
Unwired Planet’s remaining arguments are without
merit, we conclude that the district court properly construed
the claim terms at issue and properly entered
judgment of non-infringement. Accordingly, the district
court’s judgment is affirmed



link: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-1108.Opinion.12-11-2015.1.PDF