Wi-LAN loses patent infringement trial to Apple

Wi-LAN (TSX:WIN) has lost its patent infringement against Apple.

Wi-LAN had been seeking $248-million in damages for infringement of two Wifi and CDMA patents.

The company issued a press release 1:05 PST today.

“Wi-LAN is disappointed with the jury’s decision and is currently reviewing its options with trial counsel, McKool Smith. Wi-LAN does not believe previous licence agreements signed related to the patents are negatively impacted by this decision,” said spokesman Tyler Burns.

The two Wi-LAN patents in question are U.S. Patent Numbers RE37,802 and 5,282,222. The first patent, issued in July 2002, is titled “Multicode direct sequence spread spectrum.” The second patent, issued in 1994, is called “Method and apparatus for multiple access between transceivers in wireless communications using OFDM spread spectrum.”

After reaching settlements with Samsung Dell and HP earlier this year, today’s loss is the second time Wi-LAN has lost in court this year.

In July, shares of the company fell more than 30% after news that it was not successful in its case against Alcatel Lucent, Ericsson, HTC, and Sony. The U.S. District Court for the Eastern District of Texas, Tyler Division, determined that the four patents in suit were found not infringed. Certain claims in three of the four patents, said Wi-LAN, were found invalid.

Shares of Wi-LAN were halted this morning. On the TSX, the stock last traded at $4.08, down 2.4% from Tuesday’s close.

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