WiLAN has made a solid business out of suing the wireless industry over alleged patent violations, coaxing settlements out of HTC, Novatel and four other heavyweights. It won't get any money from Apple, though, as an Eastern District of Texas court has ruled that the iPhone maker didn't infringe on a WiLAN patent covering CDMA and HSPA data transmissions. The court also invalidated two claims in the patent, which makes it that much harder for WiLAN to sue others. Apple isn't completely out of the woods when the plaintiff is "reviewing its options." However, we suspect that the case doesn't have a leg to stand on -- especially not in a legal climate that's increasingly hostile toward patent trolls.
WiLAN Provides Litigation Update
OTTAWA, CANADA--(Marketwired - Oct. 23, 2013) - Wi-LAN Inc. ("WiLAN" or the "Company") (TSX:WIN)(NASDAQ:WILN) today provided an update on ongoing litigation.
On September 2, 2011, WiLAN announced that the Company had commenced litigation against various companies in Texas claiming infringement of WiLAN's U.S Patent No. RE37,802, related to CDMA and HSPA technologies.
To date, six of the seven defendants, Alcatel-Lucent USA Inc., Dell Inc., Hewlett-Packard Company, HTC Corporation, Novatel Wireless, Inc. and Sierra Wireless Inc., have signed license and settlement agreements to resolve this litigation.
Trial proceedings involving the remaining defendant, Apple, Inc., began on October 15, 2013. Today, the jury trial determined that U.S. Patent No RE37,802 was not infringed and claims 1 and 10 were found invalid.
WiLAN is disappointed with the jury's decision and is currently reviewing its options with trial counsel, McKool Smith. WiLAN does not believe previous license agreements signed related to the patents are negatively impacted by this decision.
This case remains before the courts and it is WiLAN's policy to not provide commentary on cases that are before the courts.