A U.S. District Court judge as expected granted summary judgment to Ericsson Inc., which had been sued for infringement of patents owned by WiLAN Inc. (WILN) related technology that seamlessly transfers communications between Wi-Fi and cellular wireless networks.
“The court finds that the most-favored licensee provision in the Patent and Conflict Resolution Agreement between LM E and Wi-LAN does not apply to the ‘298, ‘014, and ‘437 Patents,” said Judge Donald Middlebrook, of the U.S. District Court in West Palm Beach, Florida.
Judge Middlebrook further ruled that Ericsson’s accused products did not directly infringe the ‘298 and ‘014 Patents, and that claims 8 and 18 of the ‘437 Patent were invalid as anticipated.
“Thus, the court need not address Wi-LAN’s claims as to indirect infringement."
Jake Baron, a partner at Holland & Knight, who represented Ericsson, coudln’t be reached for comment.
Ottawa-based WiLAN said in a statement it "is currently reviewing the ruling with trial counsel, Tensegrity Law Group LLP. The preliminary view of trial counsel is there are grounds to appeal this ruling to the United States Court of Appeals for the Federal Circuit."
Shares of WiLAN fell 9 cents to $2.03 in afternoon trading. They have traded between $2.02 and $4.01 over the past year
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