Case Filed: Sep 01, 2011
Case Closed: Oct 25, 2013
Judge: Rodney Gilstrap
Court: Texas Eastern District
Court
Case Summary:
A patent infringement case was
filed by Wi-LAN, a patent holding company accusing Apple of infringing two of
their patents relating to wireless communication technologies. The complaint
also named Alcatel-Lucent USA, Dell, HP, HTC, Kyocera, Novatel Wireless and
Sierra Wireless as other defendants in the suit. The patents in suit were:
- RE37802 entitled Multicode direct sequence spread spectrum, issued on Jul 23, 2002
- US5282222 entitled Method and apparatus for multiple access between transceivers in wireless communications using OFDM spread spectrum, issued on Jan 25, 1994
The patents expired[i]
on Mar 31, 2012 and were last assigned[ii]
to Wi-LAN (source: MaxVal’s Assignment
Database). The complaint alleged that defendants manufacture wireless
communication products with CDMA2000 standards (including EVDO Rev. A), HSPA
standards, IEEE 802.11 standards, and/or LTE standards, which fall within the
scope of the claims of the ‘802 and ‘222 patents.
“By way of their infringing
activities, defendants have caused and continue to cause Wi-LAN to suffer
damages in an amount…”, the complaint said. Whereof, Wi-LAN requested entry of
judgment in its favor, a permanent injunction barring defendants from
infringing the patents-in-suit, compensatory damages, pre- and post-judgment
interest on damages, as well as attorneys' fees and litigation costs.
Apart from Apple, all defendants resolved
the dispute, including Alcatel-Lucent, Dell, HP, HTC, Novatel Wireless, Sierra
Wireless and Kyocera were dismissed from the case with prejudice. In Oct, jury
reached a verdict favoring Apple and declared claims 1 and 10 of the ‘802
patent to be invalid. Also, the Court found Apple as the prevailing party and
costs and expenses are imposed on plaintiff.
See 2:12-cv-00600 for more details. To
get alerts on cases filed/closed, subscribe to our Litigation Alerts.
*
Expected expiration date using Patent Term Estimator, use our free tool or download our free Android app on Google Play Store.
[i]
Expected expiration date. Patent Term Estimator
is a free web-based tool that automatically calculates patent terms and
expiration dates for U.S. utility patents.
[ii]
MaxVal offers Patent Assignment Alert service
where subscribers receive email alerts when assignments relating to target
applications, patents or entities of interest are recorded.
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