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© bellemedia / dreamstime.com Business | March 09, 2012

Wilan updates on LG litigation

In January 2010, WiLAN sued LG Electronics, Inc. and LG Electronics U.S.A., Inc. for infringement of WiLAN’s V-Chip patent (U.S. Patent No. 5,828,402) in the United States District Court, Southern District of New York.
In 2011, LG moved for summary judgment on numerous non-infringement and invalidity defenses as well as other affirmative defenses.

On March 7, 2012, U.S. District Judge Lewis A. Kaplan adopted most of the August 1, 2011 recommendations of U.S. Magistrate Judge Peck and issued a ruling in this case. The court ruled that LG did not infringe the patent on a claim construction issue and it granted LG’s motion for summary judgment.

The ruling is limited to only LG products with respect to patent infringement. It does not apply to the validity of the patent nor does it make any determinations regarding validity of the patent. The ruling does not affect WiLAN’s existing license agreements or V-Chip licensing program.

WiLAN remains confident of the validity of the patent and its wide applicability to the industry. The Company is further studying Judge Kaplan’s ruling and expects to file an appeal in the United States Court of Appeals for the Federal Circuit.

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