WiLAN sues Apple, HP, Dell and others claiming patent infringement

WiLAN Inc., today announced that it has commenced litigation in the U.S. District Court for the Eastern District of Texas, Tyler Division against Apple, Inc., Alcatel-Lucent USA Inc., Dell Inc., Hewlett-Packard Company, HTC America, Inc., Kyocera International, Inc., Kyocera Communications, Inc., Novatel Wireless, Inc., and Sierra Wireless America, Inc.

In its filing, WiLAN claims that these companies have infringed and continue to infringe WiLAN’s U.S. Patent No. RE37,802 (“the ‘802’ Patent”) related to CDMA and HSPA and U.S. Patent No. 5,282,222 (“the ‘222’ Patent”) related to Wi-Fi and LTE.

WiLAN will be represented in this action by McKool Smith, a leading U.S. law firm specializing in intellectual property litigation. McKool Smith has successfully defended the patent rights of many high profile companies throughout the U.S. and has particular expertise in the Eastern District of Texas. McKool Smith is representing WiLAN in other patent infringement actions in the U.S. District Court for the Eastern District of Texas.

WiLAN, founded in 1992, is a leading technology innovation and licensing company. WiLAN has licensed its intellectual property to over 250 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 and 4G handsets, Wi-Fi-enabled laptops, Wi-Fi and broadband routers, xDSL infrastructure equipment, cellular base stations and digital television receivers. WiLAN has a large and growing portfolio of more than 1400 issued or pending patents.

Source: WiLAN

MacDailyNews Take: Rocket docket!

7 Comments

  1. While I don’t like the rocket docket location (especially because I live in east Texas!) I do respect the rights of parent holders to be given the “reasonable” fruits of their labors, whether they be from actual innovation or purchase of rights to innovation.

    I will say that I would support looking at an option that innovation rights are non transferable and are therefore only valid for the original innovator or company the innovator is/had worked for.

    Any thoughts on this?

  2. Granted that I don’t know much, if anything about patent law, but wouldn’t the manufacturer of the broadband chips be responsible for compliance with IP law and make sure that they are licensed? I can see the chain of logic leading to the end user being sued for not getting a license. At some point everything electronic is going to become so complex that no one will be able to assemble anything of use because it will be so encumbered by patents and licensing of each and every screw, trace, gate or pin.

  3. Is there a single company that has not sued Apple, Microsoft, Google, RIM, Motorola, etc, etc, etc. I really think that the War of Dueling Patents should lead to some serious discussion of patent reform

  4. “In its filing, WiLAN claims that these companies have infringed and continue to infringe WiLAN’s U.S. Patent No. RE37,802 (“the ‘802’ Patent”) related to CDMA and HSPA and U.S. Patent No. 5,282,222 (“the ‘222’ Patent”) related to Wi-Fi and LTE.”

    Strange. These patents are related to comm standards. Why are they suing Apple? Shouldn’t they be suing the wireless chip mfrs? Shouldn’t the wireless chip mfrs already have a license, indemnifying their customers?

    Further, if these patents are related to the comms standard, they are either part of the standard or they aren’t. If they were so essential, they’d be part of the standard, and thus compensated at FRAND rates.

    This company, Wi-LAN sounds like a NPE, non-practicing entity, which makes them a patent troll.

  5. Even if Wi-LAN actually manages to eke out a win their initial lawsuit in the U.S. District Court for the Eastern District of Texas (flip a coin), I am willing to bet that Apple will come out on top during the appeals process.

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