oh my
Apple Seeks Invalidation Of Wi-LAN Wireless Data PatentsBy Michael Lipkin
Law360, Los Angeles (June 19, 2014, 7:56 PM ET) -- Apple Inc., a frequent target of Wi-LAN Inc. patent suits, launched its own attack against the patent licensing company Thursday in California federal court, seeking to invalidate five Wi-LAN patents for wireless data transmission and processing used in smartphones and tablets.
Apple is seeking to not only invalidate the Wi-LAN patents, but wants an order finding them unenforceable due to the licensor’s “unclean hands.” Wi-LAN has a pattern of suing Apple and other technology companies for infringement despite knowing that its claims are without merit, according to the complaint.
“Wi-LAN has asserted its patents against Apple in bad faith,” the complaint said. “Wi-LAN has recently filed four litigations against Apple and has failed to prevail in any of them. Yet Wi-LAN continues to target Apple and threaten litigation against it.”
Apple is also seeking declaratory judgment that it did not infringe any of the asserted patents.
Apple claims that Wi-LAN sent an e-mail Monday putting it on notice that it had infringed five of the company's patents, demanding Apple license the technology. Most of those patents are in the same patent family as the patents in a separate Wi-LAN suit against Apple still pending in Florida federal court, according to the complaint.
Apple’s suit alleges that Wi-LAN’s patents fail to meet the conditions of patentability and should be invalidated.
Apple recently beat back a Wi-LAN suit filed in Texas federal court, after a jury in October found that the company did not infringe Wi-LAN’s wireless communication patents.
After a one-week trial, the jury further held that Wi-LAN’s patent claims were invalid and awarded the technology licensing company absolutely nothing as compensation for Apple’s alleged infringement in Wi-LAN’s 2011 suit, which initially sought $248 million from Apple for alleged violations of Wi-LAN's patents for CDMA and HSPA wireless technology.
Apple was the sole remaining defendant in Wi-LAN’s consolidated patent infringement suit, which named several companies — Alcatel-Lucent USA Inc., Dell Inc., Hewlett-Packard, HTC, Novatel Wireless Inc. and Sierra Wireless Inc. — all of which signed license and settlement agreements with Wi-LAN to resolve the litigation.
The verdict was a huge victory for Apple, which called for a mistrial in the case claiming Wi-LAN’s attorneys improperly biased the jury by twice asking a question they had agreed not to ask during trial.
The patents-in-suit are U.S. Patent Numbers 8,457,145; 8,462,723; 8,462,761; 8,615,020; and 8,537,757.
Representatives for the parties did not immediately respond Thursday to requests for comment.
Apple is represented by Mark C. Scarsi, Miguel J. Ruis and Ashlee N. Lin of Milbank Tweed Hadley & McCloy LLP.
Counsel information for Wi-LAN was not immediately available.
The case is Apple Inc. v. Wi-LAN Inc., case number 5:14-cv-02838, in the U.S. District Court for the Northern District of California.
--Additional reporting by Linda Chiem and Kat Greene. Editing by Philip Shea. |
