California Jury Returns Lower $85.2M Verdict in WiLAN v. Apple Damages Retrial

January 26, 2020

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.

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