Judge turns Apple-WiLAN patent infringement suit into "Deal or No Deal"

Judge turns Apple-WiLAN patent infringement suit into
Back in August of last year, Apple lost a patent infringement case to IP licensing firm WiLAN. The United States District Court for the Southern District of California found Apple liable for infringing on a pair of patents owned by WiLAN, "Method and Apparatus for Bandwidth Request/Grant Protocols in a Wireless Communication System" and "Adaptive Call Admission Control for Use in a Wireless Communication System".

The court ruled that Apple was on the hook for $145.1 million since it determined that the company illegally used the patents in question since 2014's iPhone 6. This was the first time Apple tasted legal defeat at the hands of WiLAN's legal team, having won three previous suits charging it with infringement of the firm's patents.

While Apple will still be considered liable for infringing on WiLAN's U.S. Patents 8,457,145 and 8,537,757, Judge Dana Sabraw late last week gave WiLAN a "Deal or No Deal" moment. The judge offered WiLAN the opportunity to accept reduced damages from Apple in the amount of $10 million, or face a new trial on the damages amount only. Judge Sabraw also told both companies to try and negotiate a new settlement amount through non-binding arbitration.


Will WiLAN accept the $10 million, or will it slam down that transparent box, scream "No Deal," and face a new trial on the amount of damages it will receive? Stay tuned.

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23 Comments

1. Carlitos

Posts: 645; Member since: Oct 23, 2011

I hope they don't accept. If apple is truly guilty of these accusations like the last court decision proved. Then it can be proved again Just the fact that apple still has to pay means they are guilty, so go for the full amount WiLAN

2. toukale

Posts: 611; Member since: Jun 10, 2015

As usual, spoken like a fanatic and their bias towards Apple. Wilan finally scored 1 win out of 4 tried and all of a sudden you think they should gamble it all for a 25% chance at a win or nothing.

3. Alan01

Posts: 573; Member since: Mar 21, 2012

Apple is guilty of infringing on the two patents regardless of what WiLAN decides. If WiLAN picks a new trial, as mentioned in the article, the only thing being decided would be the amount of damages. Regards, Alan

5. Leo_MC

Posts: 6629; Member since: Dec 02, 2011

Why would you - and the 2 dumb assess that thumbed up your comment - care that Apple has lost a trial and should pay some money to some other company (hardly anybody knows something about)?

6. TheOracle1

Posts: 2038; Member since: May 04, 2015

Why do you care so passionately and defend a company like Apple all the time like it's your family business? You continue to take Tylenol for someone else's headache. The second trial is only to determine damages so the odds are they'll get something in between the two numbers.

8. Leo_MC

Posts: 6629; Member since: Dec 02, 2011

Where have I defended Apple here?! I couldn’t care less if it pays 10 millions or 10 billions for a patent infringement, i was just wondering why some people hate it so much. Most of the times the awards in the trials are strictly related to the damages so, if this judge decided that 10 mil are in order, it’s hard to believe another judge (or the same) will go up to 100.

11. TheOracle1

Posts: 2038; Member since: May 04, 2015

The judge didn't determine jack. The damages are $145m and he suggested a compromise figure of $10m as a basis for negotiation to conclude the matter. It's not his call.

12. Leo_MC

Posts: 6629; Member since: Dec 02, 2011

100 mil is the CLAIM; the company has to prove in a court of law that the damages (the lack of income included) Apple has determined are on par with its demands.

14. TheOracle1

Posts: 2038; Member since: May 04, 2015

Are there different versions of Phonearena that I don't get to read or are you illiterate? Here's the exact quote from the article above: "The court ruled that Apple was on the hook for $145.1 million since it determined that the company illegally used the patents in question since 2014's iPhone 6." That's $145m where the f*ck do you get your fantasy $100m figure from Einstein? And wtf are Apple determining? It's not up to them! Jeez.

16. Leo_MC

Posts: 6629; Member since: Dec 02, 2011

I don't know how US legal system works, but I believe 10 M is the sum of money that Apple has evaluated to be the cost of using that patent and the court can dismiss the case, if the claimant accepts it; if not, they can go to a higher court, which will decide the amount due by Apple. But until the trial is final any number is just a CLAIM, because the higher court can decide that the sum is too big (or it can decide that is too small).

19. TheOracle1

Posts: 2038; Member since: May 04, 2015

It's not up to Apple to "evaluate" what the cost of using the patent is. That's not how any legal system, US or otherwise, works. The burden was on Apple to prove that they didn't infringe on the patent and they failed to do so and lost the case. The court gave a Judgment of $145m. A JUDGMENT not a CLAIM. It's not up to Apple to determine the amount. The Judge gave WiFan the option to take a lesser amount or continue the process to determine the final amount Apple must pay. They are not bound by the court or Apple in any way to accept that offer. They can negotiate with Apple for a final amount, accept the $10m or continue the process until the final amount is determined by another court. You really need to think before you type. The article is unambiguous but you insist on interpreting it like a 10 year old.

21. Leo_MC

Posts: 6629; Member since: Dec 02, 2011

"They can negotiate with Apple for a final amount, accept the $10m or continue the process until the final amount is determined by another court." That is exactly what I have said: until Apple is not going to be able to make an appeal anymore or the parties settle, any number given for the sum of money due by the defendant is just a claim (from the claimant which you call plaintiff). Of course Apple can evaluate the cost of using that patent (everything has a cost and every cost can be evaluated by anyone); it doesn't mean it's right, it just means it has the right to do it. Maybe we don't have all the facts in the article or maybe I was not paying attention to them, but as I understand, the trial is not fully finished; the court has decided that Apple did indeed infringed on the patents but has yet to set the amount for the damages (because nowhere in a state where the law rules can a judge change his own decision once the trial ended). If you decide to talk to me, I would like for you to keep the insults to yourself; this is a request, the next time it happens, I would just ignore you, because I have no reason to discuss with a rude motherf**ker. Thanks!

23. TheOracle1

Posts: 2038; Member since: May 04, 2015

This is pointless and frustrating. You are out of your depth and attempting to interpret something that's been clearly spelt out. Typical Leo.

7. mootu

Posts: 1409; Member since: Mar 16, 2017

Why shouldn't people care that Apple who are the worlds largest patent troll keeps stealing peoples intellectual property which cost time and money to develop? Trump accuses China of IP theft every time he opens his mouth yet Apple have been found guilty of IP theft 3 times in the last month with more cases pending.

9. Leo_MC

Posts: 6629; Member since: Dec 02, 2011

You know that some company used, without consent, another’s company’s tech; how is that make your phone any better or worse?

10. TheOracle1

Posts: 2038; Member since: May 04, 2015

Show me the comment on this thread where anyone said anything about hating Apple or which phone is better or worse. You're just paranoid and you're defending Apple for something that hasn't even occurred on this thread or is even mentioned in the article.

13. Leo_MC

Posts: 6629; Member since: Dec 02, 2011

#1: "I hope" "Hope" means feelings. I have not defending anyone, I was just curious as to why would one want a company to pay 1 penny or 10 pennies to another company (unless one owns some stock).

15. TheOracle1

Posts: 2038; Member since: May 04, 2015

Because Apple did something WRONG! It's against the LAW Sherlock. Just like I hope that Saudi Arabia and their Crown Prince are punished for murdering Kashoggi even though I have no direct interest in the matter. They broke the LAW. You're blinded by your irrational defence of Apple and missing the fundamentals.

17. Leo_MC

Posts: 6629; Member since: Dec 02, 2011

Sure, Apple has to pay - there no doubt about it - but why should someone "hope" for it to pay more than the real damages? I'm sure you don't "hope" that Saudi Arabia pays for what terrorists from Aum did in Japan.

20. NarutoKage14

Posts: 1306; Member since: Aug 31, 2016

Compare it to the amount of "damages" Apple themselves have asked for in the past.

22. Leo_MC

Posts: 6629; Member since: Dec 02, 2011

What does that have to do with what we are talking here?

4. monkeyb

Posts: 382; Member since: Jan 17, 2018

I think it would be best for WiLAN to go for a "No-Deal". If Apple is already proven guilty, $10million seems small. But hey, WiLAN only should know the value of their patent.

18. TheOracle1

Posts: 2038; Member since: May 04, 2015

You are speaking complete garbage. He "hopes" justice is done if Apple has violated the Patent. It's clear what he's saying. Your second paragraph is convoluted nonsense and doesn't deserve it a response.

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