Today, an E.D. Tex. jury in Wi-LAN v. Apple returned a verdict that the asserted claims 1 and 10 of Wi-LAN’s RE37,802 Patent (“the ‘802 Patent”) were invalid and not infringed by Apple. The ‘802 Patent has been a centerpiece for Wi-LAN’s prolific patent litigations and settlements thereof. Wi-LAN has asserted that the ‘802 Patent
Wi-LAN
Texas jury rejects Wi-LAN’s cellular-essential patent infringement claims
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A couple weeks ago, we posted about an interesting pretrial damages ruling in a patent infringement case (actually, several cases) brought by non-practicing entity Wi-LAN against a number of standards-compliant device makers (Sony, Ericsson, Alcatel-Lucent, and HTC). But yesterday, an Eastern District of Texas jury decided that the damages issue was irrelevant, finding that all…
Expert’s damages calculation based on value of entire standards-compliant product violates Entire Market Value rule (Wi-LAN v. Alcatel-Lucent)
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Over the past few years, courts have begun cracking down on improper damages theories. The Federal Circuit’s 2012 opinion in LaserDynamics v. Quanta is instructive on this point, noting that in the absence of evidence that the patented functionality is the source of the demand for the entire product, then damages must be based on…
BlackBerry files amicus brief supporting availability of SEP injunctions in Fed Circuit FRAND appeal (and also gets sued by Wi-LAN for LTE patent infringement)
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In a post yesterday, we discussed Nokia’s amicus brief submitted “in support of neither party” in the Apple-Motorola FRAND Federal Circuit appeal (Judge Posner edition). The amicus brief recently filed by BlackBerry (formerly Research In Motion) is now public, and it is very similar to Nokia’s — at least when it comes to the issue of the availability of injunctive relief. While not expressly supporting Motorola, BlackBerry echoes Motorola’s (as well as Nokia’s) argument that injunction relief should not be categorically precluded for FRAND-encumbered standard-essential patents.
[2013.05.07 BlackBerry Amicus Brief]
Coincidentally, BlackBerry also now finds itself on the receiving end of a new patent infringement complaint from Canadian non-practicing entity Wi-LAN, which is based on BlackBerry’s alleged infringement of a patent that Wi-LAN claims is essential to the ETSI 3GPP Long-Term Evolution (LTE) telecommunications standard.