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Old Oct 23, 2013, 05:06 PM   #1
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Wi-LAN Loses Patent Infringement Lawsuit Against Apple




Canadian firm Wi-LAN today lost an ongoing lawsuit against Apple over two patents related to CDMA, HSPA, Wi-Fi and LTE technologies. First filed in 2011, the lawsuit claimed that Apple infringed on Wi-LAN patents RE37,802 (CDMA/HSPA) and 5,282,222 (LTE/Wi-Fi).

Wi-LAN, a company focusing solely on licensing its intellectual property, was attempting to win $248 million from Apple. Following the loss, Wi-LAN will get no money, but the company has won settlements from Alcatel-Lucent, Dell, Hewlett-Packard, HTC, Novatel Wireless, and Sierra Wireless over the same patent portfolio.

The company has issued a statement on the loss, stating that it is reviewing its options going forward.
Quote:
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.
Wi-LAN has filed multiple lawsuits against Apple, including one in 2010 over Bluetooth technology and several additional lawsuits in 2012 over LTE and HSPA technologies.

Article Link: Wi-LAN Loses Patent Infringement Lawsuit Against Apple
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Old Oct 23, 2013, 05:10 PM   #2
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Good news for Apple!
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Old Oct 23, 2013, 05:10 PM   #3
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Why did others including Dell, HP, and HTC settle while Apple didn't? Surely they're using the same wireless tech?
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Old Oct 23, 2013, 05:10 PM   #4
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Talking

#patentTroll
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Old Oct 23, 2013, 05:13 PM   #5
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"WiLAN (trading as Wi-LAN Inc.) is a technology development and intellectual property licensing company"

Yet another Patent Troll trying, and failing to get a piece of free cake.
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Old Oct 23, 2013, 05:15 PM   #6
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They won every other company but Apple. I bet its the same jury who let Apple take over "rounded corner square" design. Oh my god i just found out my $10 food tray has rounded corners. They are screwed.
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Old Oct 23, 2013, 05:18 PM   #7
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Quote:
Originally Posted by SJism23 View Post
Why did others including Dell, HP, and HTC settle while Apple didn't? Surely they're using the same wireless tech?
The article claimed that they won settlements (i.e. court ruled in their favor) from the other companies (the other companies didn't settle).
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Old Oct 23, 2013, 05:19 PM   #8
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Law firm is McKool Smith?
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Old Oct 23, 2013, 05:35 PM   #9
SJism23
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Quote:
Originally Posted by Plutonius View Post
The article claimed that they won settlements (i.e. court ruled in their favor) from the other companies (the other companies didn't settle).
Sorry, that's what I meant.
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Old Oct 23, 2013, 05:39 PM   #10
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Originally Posted by Arndroid View Post
Law firm is McKool Smith?
Maybe it's McDonalds

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Old Oct 23, 2013, 05:40 PM   #11
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Originally Posted by Arndroid View Post
Law firm is McKool Smith?
McKool.... either best or worst name ever!
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Old Oct 23, 2013, 05:41 PM   #12
Brian Y
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When are they going to introduce a law that you cannot hold a patent for a technology you don't actively use? Surely that would stop these damn trolls.
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Old Oct 23, 2013, 05:42 PM   #13
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Originally Posted by hoon2999 View Post
They won every other company but Apple. I bet its the same jury who let Apple take over "rounded corner square" design. Oh my god i just found out my $10 food tray has rounded corners. They are screwed.
Actually despite what the article implies they have never won a case as far as I can tell, HP, Dell etc, all signed a licensing agreement with them, while Apple let the case go to court and won. Alot of companies are afraid of the damages and settle even when they are in the right as Apple was today. The rest of the companies are now paying in some cases millions of dollars a year, for something the court has found Apple at least isn't infringing.
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Old Oct 23, 2013, 05:44 PM   #14
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yeah hi, I'll have the McPatent menu, super-sized, yeah coke, and a sixer of TrollMc Nuggets
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Old Oct 23, 2013, 05:46 PM   #15
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Quote:
Originally Posted by Plutonius View Post
The article claimed that they won settlements (i.e. court ruled in their favor) from the other companies (the other companies didn't settle).
The other companies wanted the law suit over, so they offered money to license the technology and get it over, no court had ruled in Wi-Lans favor in fact they lost another case in August against many of these same people. Apple still wanted a court ruling instead of just paying the patent troll to go away and now they have won, which is what would have happened for everyone if the others hadnt bailed and decided to pay Wi-Lan.
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Old Oct 23, 2013, 07:28 PM   #16
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Quote:
Originally Posted by MacRumors View Post
WiLAN is disappointed with the jury's decision and is currently reviewing its options with trial counsel, McKool Smith.
Maybe Wi-LAN needs a new McLawfirm.
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Old Oct 23, 2013, 07:28 PM   #17
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A great week for Apple. Lol!
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Old Oct 23, 2013, 08:05 PM   #18
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Oh those silly Canadians...
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Old Oct 23, 2013, 09:05 PM   #19
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Obviously bias.

Without Canada there would have been no space shuttle.
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Old Oct 23, 2013, 09:52 PM   #20
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Quote:
Originally Posted by Brian Y View Post
When are they going to introduce a law that you cannot hold a patent for a technology you don't actively use? Surely that would stop these damn trolls.
We may be getting closer than you think.

http://arstechnica.com/tech-policy/2013/10/its-finally-here-a-bill-to-end-patent-trolling/

Doesn't ban NPE's but certainly a step in the right direction.
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Old Oct 23, 2013, 10:06 PM   #21
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Originally Posted by SJism23 View Post
Why did others including Dell, HP, and HTC settle while Apple didn't? Surely they're using the same wireless tech?
Because, unfortunately, with the broken patent system that we have, it is often cheaper to give in and pay the extortion, even when you are in the right as clearly Dell, HP, and others were -- and even when it's about silly, obvious, junk patents like those in WI-LAN's portfolio.
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Old Oct 23, 2013, 10:15 PM   #22
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Perhaps Wi-LAN's loss will encourage other targets of their lawsuits to fight back rather than settle.

But the problem remains that small companies can't afford to fight back, even if they'd very likely win.
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Old Oct 24, 2013, 12:49 AM   #23
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Apple clearly has better lawyers.
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Old Oct 24, 2013, 01:23 AM   #24
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Same ones Mr Burns uses probably.
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Old Oct 24, 2013, 04:13 AM   #25
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Quote:
Originally Posted by hoon2999 View Post
They won every other company but Apple. I bet its the same jury who let Apple take over "rounded corner square" design. Oh my god i just found out my $10 food tray has rounded corners. They are screwed.
What a stupidity.
The Samsung Galaxy S3 is rectangular with rounded corners.
Guess what: Samsung has a design patent for the Galaxy S3.
If anybody copies it, round corners and all, Samsung will sue them.

These patent trolls didn't win _any_ court cases. They got settlements, from companies who know that a court case can cost many millions even if you win.

----------

Quote:
Originally Posted by jdechko View Post
We may be getting closer than you think.

http://arstechnica.com/tech-policy/2...tent-trolling/

Doesn't ban NPE's but certainly a step in the right direction.
They should adopt the German method for civil court cases.

Step 1: The judge determines how much money they are arguing about. Claimant says how much they want, defendant says how much they are wllling to pay, and the case is about the difference.

Step 2: The judge consults a table that says how much this costs. If you argue about $240 million in Euros as in this case, there will be a certain percentage of the cost for claimant's lawyers, defendant's lawyers, and for the court. (Yes, you have to pay for the court, not the tax payer as in the USA).

Step 3: When the case is finished, the judge decides how much the defendant has to pay. Then he calculates what percentage this is of the money they argued about. The cost for lawyers and court is then split according to that percentage.

So if the patent company asked for $200 million and was awarded $20 million, the defendant would pay 10% of the lawyers and court cost, and the claimant 90%. Except if the defendant had already offered to pay $20 million, in which case the claimant would pay all the cost.

This also keeps people from asking the court for ridiculous amounts of money. You could sue me for a billion Euros for hurt feelings, but when the judge feels that your feelings were indeed hurt and I should pay you 100 Euros, you are stuck with 99.99999% of a 20 million Euro bill for the court and the lawyers.
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