Business | August 03, 2011

WiLAN with update on LG litigation

In January, 2010, WiLAN sued LG Electronics, Inc. and LG Electronics U.S.A., Inc. (collectively, LG) 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.
Earlier this year LG moved for summary judgment on numerous non-infringement and invalidity defenses as well as other affirmative defenses. The U.S. Magistrate Judge Peck recommended that LG’s motion for summary judgment on non-infringement be granted, recommended that WiLAN’s motion for summary judgment dismissing LG’s claim for trademark infringement be granted and declined to recommend granting LG’s motions for summary judgment on validity and other affirmative defenses.

WiLAN is still studying the Magistrate Judge’s recommendation with its lawyers and WiLAN can already confirm that it will file objections to the recommendation of non-infringement in its submissions to Judge Kaplan. Judge Kaplan will render the decision of the Court in the matter in due course.

WiLAN confirms that even if the Magistrate Judge’s recommendations are followed by Judge Kaplan that the patent continues to be valid and enforceable. Since this recommendation regarding non-infringement is only in respect of LG’s products, WiLAN does not believe the recommendation affects its existing license agreements or V-Chip licensing program.


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