UPDATE: WiLAN Offers Litigation Update, Says CAFC Affirmed LG Does Not Infringe
Wi-LAN Inc. ("WiLAN") (NASDAQ: WILN) today provided a litigation update. In January 2010, WiLAN sued LG Electronics, Inc. and LG Electronics U.S.A., Inc. (collectively, "LG") for infringement of WiLAN's U.S. Patent No. 5,828,402 ("the 402 patent") in the United States District Court, Southern District of New York. On March 7, 2012, U.S. District Judge Lewis A. Kaplan ruled that LG did not infringe the 402 patent on a claim construction issue and granted an LG motion for summary judgment of non-infringement. Subsequently, WiLAN filed an appeal of Judge Kaplan's ruling with the United States Court of Appeals for the Federal Circuit ("CAFC"). In support of this appeal, WiLAN participated in an oral hearing that took place on December 5, 2012.
On December 11, 2012, the CAFC issued its ruling on the appeal. The ruling affirmed the lower court ruling. WiLAN is surprised and disappointed by this decision. WiLAN is reviewing its options with counsel.
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