Federal Circuit Restores Apple Invalidity Verdict Against WiLAN and Reaffirms Non-infringement

  • January 14, 2016

On January 8, 2016, the Federal Circuit ruled in Apple’s favor in the company’s cross-appeal against Wi-LAN Inc. (WiLAN) (2014-1437, 2014-1485). Judge Rodney Gilstrap had reversed an October 2013 jury verdict that the asserted claims of a wireless encryption patent (RE37,802) were anticipated by prior art. The Federal Circuit overturned that reversal, restoring the jury’s judgment that the asserted claims were invalid. In a further blow to WiLAN, which had sought $248 million in damages, the Federal Circuit also upheld the jury’s non-infringement verdict. Apple was the sole remaining defendant in a consolidated case originally filed in February 2011 in the Eastern District of Texas (2:11-cv-00068). Former defendants Alcatel-Lucent, Dell, HP, HTC, Kyocera, Novatel, and Sierra Wireless all settled with WiLAN shortly before trial.


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