RE: RE: rondaniHow would Dell and Intel explain away willful infringement to the judge and jury. Dell has written a white paper crediting Wi-LAN for the development of the IP they are " Allegedly " stealing.
One of the points they can argue is that they didn't want to take a license because they felt the rates Wi-LAN was asking where too high. If it is proven in court that Wi-LAN was offering FRAND rates, and I suspect by the number of companies that have signed, they are. Comparisons with similar technologies and there FRAND rates will also help to establish what rate they will pay.
IMHO the judge and jury will not be convinced of the gangs innocents and will award heavy treble damages.