WiLAN’s $85.2M Damages Verdict From Second Apple Trial Cannot Stand, Rules Federal Circuit

  • February 4, 2022
  • Category: Patent Litigation Feature
    Market Sector: Mobile Communications and Devices

The Federal Circuit has overturned an $85.2M damages award against Apple in its ongoing litigation with Quarterhill Inc. subsidiary Wi-LAN Inc. (WiLAN). On February 4, the appellate court issued a precedential opinion holding that WiLAN’s damages expert in a January 2020 damages retrial used a flawed methodology that was “untethered to the facts of this case”. This decision marks the second time that this same lawsuit has seen the reversal of a significant damages award, following a 2019 ruling from District Judge Dana M. Sabraw that threw out a prior $145.1M award for failure to improperly apportion the infringing features. The Federal Circuit also reversed a partial summary judgment of noninfringement from that first trial, among the other issues decided.


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