A Southern District of California jury has returned a $85.2M damages award against Apple in its ongoing litigation with Quarterhill Inc. subsidiary Wi-LAN Inc. (WiLAN). The verdict comes just over a year after District Judge Dana M. Sabraw threw out a $145.1M award in that same case after a mid-2018 trial. Judge Sabraw ruled in early January 2019 that WiLAN had failed to properly apportion the infringing features of the iPhones at issue and that the NPE had presented the first jury with a damages case that lacked a sufficient factual basis. WiLAN’s second, revamped damages case was then narrowed by an order excluding key expert testimony that the court issued about four months before the retrial, which ultimately saw the jury award a per-unit royalty of $0.45 multiplied by 189.4M infringing devices.
Brevet Capital, a private equity firm based in New York, issued a press release on February 11 announcing that it has purchased multiple entities affiliated with Leslie Ware’s PanOptis Holdings, LLC, including litigating NPEs Optis Cellular Technology LLC; Optis Wireless Technology, LLC; and Unwired Planet, LLC. While terms of the deal remain confidential, a recent disclosure in a PanOptis suit against Huawei—the NPE’s last litigation filed since joining the Marconi Group in March 2017—provides details about which entities are now owned by Brevet.
Access to the full article is currently available to RPX members only. Please contact us if you need further information.
Quarterhill Inc. (as Wi-LAN Inc.; Wi-LAN USA, Inc.; and Wi-LAN Labs, Inc., collectively WiLAN) has filed a second case (1:19-cv-00941) against Motorola Mobility LLC (with Motorola Mobility Holdings, Inc.), asserting the same four networking patents at issue in the NPE’s 2017 case (3:17-cv-00365) against Motorola and its parent company, Lenovo. WiLAN’s new complaint targets some of the same products accused in that first case—which was dismissed without prejudice early last year—including certain models of Motorola’s Moto and DROID smartphones.
A jury in the Southern District of California has awardedWi-LAN Inc. (WiLAN) $145.1M in damages, finding that Apple has infringed two wireless communications patents through provision of certain models of the iPhone 6, iPhone 7, and iPhone SE. The asserted patents are among more than 50 that have been litigated in WiLAN’s wireless networking campaign, which has seen multiple trials and a number of settlements since its inception in 2007.
Quarterhill Inc. (then named Wi-LAN Inc.) underwent a corporate restructuring last June, after which it apparently failed to properly transfer rights to a group of networking patents it had asserted against LG Electronics (LGE) earlier in the year. Now, with its original case against LGE having been dismissed for lack of subject matter jurisdiction, Quarterhill (as Wi-LAN Inc.; Wi-LAN USA, Inc.; and Wi-LAN Labs, Inc.; collectively WiLAN) has refiled against LGE, asserting the same four networking patents at issue in the original case (3:18-cv-01577).
Wi-LAN Inc. (WiLAN) has added another lawsuit to the wireless networking campaign that it began in November 2007. Roughly ten days ago, the publicly traded NPE filed two lawsuits, one each accusing LG Electronics and Lenovo of infringing four patents (8,787,924; 8,867,351; 9,226,320; 9,497,743) through various mobile devices and laptops offering LTE connectivity. WiLAN has now added a suit asserting five different patents (8,457,061; 8,532,052; 9,332,572; 9,380,607; 9,420,573), not previously seen in litigation but from two families with other patent members asserted against other defendants in the campaign, against Ericsson (2:17-cv-00181), together with four wireless carriers: AT&T (AT&T Mobility), Softbank Group (Sprint, Boost Mobile), T-Mobile, and Verizon (Cellco Partnership). Infringement allegations focus on Ericsson base station equipment that supports LTE connectivity, identifying the Ericsson RBS 6000 series and the Ericsson Radio System series by name.