RE: WI-LAN Inc. v. Alcatel-Lucent USA Inc. et al Thank's for the post 2Gorgeous. i have a few comments.
1.) It appears that Alcatel and Ericsson & Sony were prepared to take a settlement on certain terms: "In addition, Ericsson and Sony Mobile have filed a motion for leave to supplement their summary-judgment motions to add an alternative ground for relief, namely that if the Court does not find as a matter of law that the covenant-not-to-sue provision applies, WiLAN has breached the most-favored-licensee provision by refusing to grant to Ericsson and Sony Mobile a license at most-favored licensee status as compared to any other licensee of Wi-LA. But I guess Wi-Lan is asking for a lot more.
2.) I think HTC may have a case for separate trials (they are only getting sued on the '422 patent and the others are sued on more than one and theirs is a 'cell phone' infringement and Alcatel et al is a 'base station" infringement (if indeed that is true\. So worst case here is that we have two trials BUT HTC concedes that there might not need to be an HTC trial depending on the Alcatel/Ericsson outcome.
3.) Summary judgement motions seem to have been dropped which is good.
So, IF we do go to trial, this all seems slightly negative for Wi-Lan but not too serious. Of course, there is still a good chance of settlement before trial but I think Wi-Lan will have to give a little on what they are asking for. I'd be happy if they met them halfway to avoid trial especially if HTC was willing to enter into the settlement.
Does anyone else have a different interpretation?
Chi