WiLAN loses LTE patent case against Apple

Intellectual property licensing company, WiLAN today provided an update on ongoing litigation.

On December 6, 2012, WiLAN announced that the company had commenced litigation against Apple Inc. (“Apple”), HTC Corporation (“HTC”) and Sierra Wireless Inc. (“Sierra Wireless”) claiming infringement of WiLAN’s U.S. Patent Nos. 8,315,640 and 8,311,040, related to LTE technologies.

To date, two of the three defendants, HTC and Sierra Wireless, have signed license and settlement agreements to resolve this litigation. The litigation, involving remaining defendant, Apple, is being tried in the U.S. District Court for the Southern District of California.

Earlier this year, WiLAN moved for summary judgment on invalidity claims. In addition, Apple moved for summary judgment on invalidity and non-infringement defenses. WiLAN has been advised that Judge Dana M. Sabraw has issued a ruling today that grants Apple’s motion for summary judgment.

WiLAN is currently reviewing the ruling with trial counsel, McKool Smith.

WiLAN has an additional case in U.S. District Court for the Southern District of California involving Apple related to the infringement of 5 LTE-related patents.

Source: WiLAN

Related article:
WiLAN sues Apple, HP, Dell and others claiming patent infringement – September 2, 2011


  1. So there were 2 court cases involving LTE between Apple and WiLAN? Also does granting motion to have a summary judgement in itself actually result in the judgement to be in the motion initiator’s favor? Sounds like it’s still up in the air though leaning towards Apple.

    1. If summary judgment is granted, it resolves the issues that were the subject of the motion. However, that is not necessarily all the issues that were the subject of the lawsuit (though in that case, technically it’s called summary adjudication of issues). If summary judgment is denied, the case goes forward towards trial. And if some issues weren’t the subject of the SJ motion, those issues continue towards trial also.
      But this is just a trial court’s ruling. The parties have the right of appeal. If the summary judgment ruling relates to the entire lawsuit, then the loser can appeal to a higher court as a matter of right. If it’s a summary adjudication of issues type situation and some causes of action were not resolved, then either the appeal has to wait until all causes of action are decided, or the loser has ago apply for permission to file an interlocutory appeal in which an appeals court hears just the appeal of some of the issues. This is less common because appeals courts don’t want to be called in every time someone loses one or two causes of action in a big lawsuit.
      The summary judgment only applies to the one lawsuit unless the same patents are involved and have been found to be invalid. If the second lawsuit alleges a separate breach of a valid patent, then the second lawsuit is not affected by the SJ ruling in the first case.

  2. I am behind the wheel, not “hovering like a fly, waiting for the windshield on the freeway” to quote Peter Gabriel in the lamb lies down on broadway (early Genesis) and punch it if possible to mash as many mosquitos as possible!

    I passionately share your distaste for patent trolls, and mosquitos, as i am a mountaineer (and lover of all things patentable and not patentable)

Reader Feedback

This site uses Akismet to reduce spam. Learn how your comment data is processed.