Apple bats away yet another WiLAN patent sueball

Judge gives fruity firm summary judgment win in LTE lawsuit

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Patent licensing firm WiLAN has lost another intellectual property case against Apple, this time related to LTE.

WiLAN said it was reviewing the ruling from District Judge Dana Sabraw that threw out its case for two LTE patent infringement claims. The ruling has not yet been made public on the court’s website.

Apple had moved for summary judgment — using invalidity and non-infringement defences — and Judge Sabraw agreed. WiLAN had asserted the same claims against HTC and Sierra Wireless, and both firms signed licensing agreements with WiLAN to settle the cases.

In October 2013, WiLAN lost a spread spectrum patent case against Apple that had been settled by companies such as Dell, HP and Alcatel-Lucent. A US jury invalidated some of the claims in the WiLAN patent.

In both cases, Apple held out and emerged triumphant.

However, WiLAN is currently in the process of appealing the case after District Judge Rodney Gilstrap overturned the invalidation of the claims.

“The Court is unable to find that the jury’s finding as to invalidity of claims 1 and 10 of the ’802 patent is supported by substantial evidence. Accordingly, the jury’s invalidity verdict cannot stand,” he wrote in his ruling. ®

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