Claims construction on two key patents in laptop, router and handset cases consolidated, joint hearing to be held on March 11, 2010
OTTAWA, Canada – November 9, 2009 – Wi-LAN Inc. (“WiLAN” or the “Company”) (TSX:WIN), a leading technology innovation and licensing company, today provided an update on current litigation activities.
On October 31, 2007, WiLAN initiated litigation in the U.S District Court for the Eastern District of Texas (“EDTX”), against 22 companies, including major laptop computer and router suppliers, alleging infringement of certain patents owned by WiLAN including U.S. Patent Nos. 5,282,222 (the “222 patent”) and RE37,802 (the “802 patent”). A total of 18 defendants, combined, remain in the laptop and router cases. The claims construction (Markman) hearing for the 222 and 802 patents was originally scheduled for September 1, 2010 with trial set to commence on January 4, 2011.
On June 19, 2008 WiLAN initiated another litigation in EDTX against a number of major handset vendors alleging infringement of the 222 and 802 patents. Four defendants remain in the handset case which is also set for trial on January 4, 2011. The Markman hearing in this case was scheduled for March 11, 2010.
On November 5, 2009, U.S. District Judge Ward issued an Order consolidating the Markman hearing and related deadlines for the laptop, router and handset cases. The joint Markman hearing concerning the 222 and 802 patents will now be held on March 11, 2010 for all three cases. However, the claims construction deadlines for the other two patents in the laptop and router cases, U.S. Patent Nos 5,956,323and6,549,759, will remain on the original schedule with the Markman hearing to occur on September 1, 2010.
“We are pleased that the Court has consolidated the Markman hearing and related deadlines for the 222 and 802 patents in our laptop, router and handset actions, as we believe that this will result in a more efficient and cost-effective claims construction process,” said Bill Middleton, Senior Vice President, Licensing and General Counsel. “We are also encouraged that this important step in our litigations concerning two of our key patents has now been moved earlier by over five and one-half months”.Over 85 companies, including Cisco, RIM, Nokia, Panasonic, Samsung, Fujitsu, ASUS and Infineon have negotiated license agreements to certain or all of the patents at issue in Wi-LAN’s laptop, router and handset cases. WiLAN technologies have been licensed by over 200 companies worldwide.
WiLAN, founded in 1992, is a leading technology innovation and licensing company. WiLAN has licensed its intellectual property to over 200 companies worldwide. Inventions in our portfolio have been licensed by companies that manufacture or sell a wide range of communication and consumer electronics products including 3G cellular handsets, Wi-Fi-enabled laptops, Wi-Fi/DSL routers, xDSL infrastructure equipment, WiMAX base stations and digital televisions. WiLAN has a large and growing portfolio of more than 750 issued or pending patents. For more information: www.wilan.com.