Case Filed: Apr 29, 2014
Origin Cases: 2:11-cv-00068 and 2:12-cv-00600
Canada, Ontario-based technology
innovation and licensing company, Wi-Lan filed a patent infringement case
against Apple claiming that two of their patents covering wireless technology
used in mobile devices were infringed. Many other companies were sued along
with Apple, including Alcatel-Lucent, HP, HTC, Kyocera, Novatel,
Dell and Sierra. The complaints were filed on Sep 01, 2011 in the Texas Eastern
District Court.
The patents involved in the suit
were:
- RE37802 entitled ‘Multicode direct sequence spread spectrum,’ issued on July 23, 2002
- US5282222 entitled ‘Method and apparatus for multiple access between transceivers in wireless communications using OFDM spread spectrum,’ issued on Jan 25, 1994
Both the patents expired[i]
on Mar 31, 2012 and were last assigned[ii]
to Wi-Lan (source: MaxVal’s Assignment
Database.) The ‘802 patent deals with the field of multiple access
communications using spread spectrum modulation while the ‘222 patent relates
to voice and data transmission in wireless communications.
The complaint alleged that
defendants, directly and indirectly infringed by making, using, offering for
sale, importing and/or selling products compliant with the CDMA2000 standards
(including EVDO Rev. A), HSPA standards, IEEE 802.11 standards and/or LTE
standards that fall within the scope of the claims of the patents-in-suit.
The amount of damages sought was
not specified in the suit. However, Wi-Lan sought permanent injunction, both
compensatory damages and treble damages for willful infringement, prejudgment
and post-judgment interest and attorneys' fees, costs and expenses and demanded
a jury trial.
Since filing, defendants including
Sierra, Novatel, Kyocera, HTC, Hewlett-Packard, Dell and Alcatel-Lucent were
terminated in 2013 from the case as they signed license and settlement
agreements to resolve the litigation, according to Wi-LAN. Apple was the only
party that did not settle.
According to the company, Wi-Lan has
licensed its intellectual property to over 280 companies worldwide that
manufacture or sell a wide range of communication and consumer electronics
products and has a large and growing portfolio of more than 4,000 issued or
pending patents.
The judgment for the case was
entered in Oct 2013 in accordance with the jury’s verdict, finding that Apple
did not infringe on the Ontario-based technology licensing company’s ‘802
patent. The Court declared claims 1 and 10 of the ‘802 patent invalid and entitled
Apple with costs.
Wi-Lan has filed an appeal
against the ruling in U.S. Court of Appeals.
See 2014-1437
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[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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