SAN FRANCISCO (LN) — U.S. District Judge Edward M. Chen authorized Apple to file a 10-page summary judgment motion challenging the validity of Neonode’s ‘879 Patent, the court said in a March 16 order, though the page-count will be deducted from Apple’s later summary judgment allotment.
The parties submitted a joint letter asking the Northern District of California to allow Apple to file the motion ahead of the standard schedule. The court’s standing practice permits only one summary judgment motion per party.
Apple proposed filing the early motion with the understanding that the 10-page limit would count against its eventual summary judgment page-count, the order said. Under that proposal, Apple bears the risk of an unsuccessful motion.
The court stated the written description issue is “discrete and potentially case-dispositive,” warranting early resolution. The order does not indicate whether Neonode opposed the request.
The parties must meet and confer and propose a briefing schedule for the early motion by March 20, 2026. Judge Chen declined to adjust claim construction deadlines or postpone the Markman hearing set for May 15, 2026.
The case is Neonode Smartphone LLC v. Apple Inc, No. 21-cv-08872-EMC (N.D. Cal.).