Validity of WiLAN's 759 Patent Confirmed by US Patent Office Ruling Strengthens WiLAN's Overall Wireless Licensing Program
OTTAWA, CANADA--(Marketwire -11/10/11)- Wi-LAN Inc. ("WiLAN" or the "Company") (TSX: WIN.TO - News)(NASDAQ: WILN - News) today announced that the United States Patent and Trademark Office ("USPTO") has confirmed the validity of all key claims in WiLAN's U.S. Patent No.6,459,759 (the "759 Patent") and also allowed more than 100 new claims. The USPTO has issued a ruling indicating that all of the claims at issue in the 759 Patent re-examination are confirmed or patentable, signaling that the re-examination proceedings are essentially at an end.
The re-examination of the 759 Patent was requested in January 2010 by Broadcom Corporation ("Broadcom") and Intel Corporation ("Intel"), who were then involved in litigations with WiLAN concerning the patent. In 2010, Judge John T. Ward issued a Markman, or claims construction ruling, concerning the 759 Patent in these litigations that addresses how the claims are interpreted for determining infringement. Judge Ward's ruling resolves ambiguity regarding the patent in ways that WiLAN considers very favorable.
WiLAN believes the fundamental techniques covered by the 759 Patent may be relevant to many products complying with upcoming and established standards such as LTE and Bluetooth. The 759 Patent does not expire until August, 2021.
"This ruling is a clear example of the strength of WiLAN's patent portfolio," said Jim Skippen, Chairman & CEO. "As this case illustrates, when our critical patents are exposed to litigation and re-examination challenges, they can do extremely well."
Added Skippen, "WiLAN considers the 759 Patent, which covers modulation and communication between a transmitter and a receiver, to be a very fundamental wireless patent. The USPTO's confirmation of the validity of the 759 Patent when combined with a favorable Markman ruling is an important positive development in our wireless technology licensing program."