Quarterhill Inc T.QTRH

only willful patent infringement claims

[wanttoknowwhy]

in wi-lan's cross-appeal can stop Apple's attempt to drag the case for more years as i expect.

[cabbieJBJ]

wanttoknowwhy, willful infringement is not on the table.  Wilan waived it early in this action.  The only probable basis for Wilan to cross appeal is that they believe that the court was wrong in not accepting the original jury verdict of US$0.85/unit and therefore ordering the new trial on damages that resulted in the FINAL ORDER of US$0.45/unit. Furthermore, research on cross appeal

[wanttoknowwhy]

cabbie, thanks for your clarification.

[blackspade799]

My understanding is willful infringement has been waved for the iPhone 6, iPhone 6 Plus, iPhone 6s, iPhone 6s Plus, iPhone SE, iPhone 7 and iPhone 7 Plus. But wilful infringement is still on the negotiation table for iPhone 8, iPhone 8 Plus, iPhone X, iPhone XR, iPhone XS, iPhone XS Max, iPhone 11, iPhone 11 Pro, iPhone 11 Pro Max, iPhone SE (2020), iPhone 12 mini, iPhone 12, iPhone 12 Pro, iPhone

[blackspade799]

Sorry I ment ot say WiLAN should ask the courts for a reversal to have the wilful infringement waved completely removed on iPhone6...7Plus. and have the courts nail Apple for wilful infringement on thise phones. Maybe if they decide for a new trail this maybe the new approach. 

[cabbieJBJ]

I believe your interpretation is correct blackspade, since the only action has been on the 6 and 7 models. 

[cabbieJBJ]

Doubt the court would reverse a stipulation by Wilan that wilful infringement does not apply.  Wishful thinking.  However, I believe you are correct that Wilful infringement is potentially in play on non adjudicated models and may represent negotiating leverage.

[blackspade799]

Why not? it was a sign of good faith by WiLAN to get this matter resolved, but Apple has been the least bit accommodating, while at the same time Apple lost two different trials to be at fault in infringing. Apple has with out question generated multi billions off of WiLANs 4G LTE patents. It goes with out question without these patents Apple would not have a smartphone. Apple is currently worth 2

[astutein]

Cabbiejbj- If my memory is correct, I recall you posted document from the court and Judge Dana that Apple 25 million dollar offer was made after deadline stipulated by court.  If my memory is correct would this offer be  a difficult point to argue that there was no infringement.   If tApple felt no infringement they should offer nothing and  not admit infringement. Judge

[blackspade799]

astuin here is some reading for you so you can get for facts right "The judge in the original case had effectively ordered a retrial after agreeing with Apple that WiLan had used a flawed method to calculate the size of the damages -- WiLan had to either agree to a new trial or risk walking away with 'just' $10 million." https://www.engadget.com/2020-01-25-apple-to-pay-wilan-85

[astutein]

thanks for trying re facts straight. i am fully aware of what you quoted.  The issue of 25 million was after post trial submissions and is a separate issue totally which I as referring to.   i recall seing court document  re 25 million .  thanks anyway.

[blackspade799]

"The issue of 25 million was after post trial submissions and is a separate issue totally which I as referring to" I have not read or seen such information, please do back up your statement with a link would be great. Thanks in advance.

[cabbieJBJ]

I don't know Astutein.  I recall the point.  If I posted that it would be in my posts, which you can access and search it out.