Facts

Wi-LAN Inc. filed suit against HTC Corp. and others, alleging infringement of two of its patents. Wi-LAN held patents for two technologies, called the "Multicode Direct Sequence Spread Spectrum" and the "Method and Apparatus for Multiple Access Between Transceivers in Wireless Communications using OFDM Spread Spectrum."

Wi-LAN's case against HTC was later consolidated with another case against Apple Inc., alleging similar patent infringement.

PLAINTIFF'S CONTENTIONS:
Wi-LAN argued that HTC infringed on its patents, either directly or indirectly. They claimed that HTC was making, using, and offering for sale products that fell within the scope of either of its two patents. It further alleged HTC knew of its infringing activities, but continued to willfully and deliberately infringe.

DEFENDANTS' CONTENTIONS:
HTC denied the allegations of patent infringement, and asserted various affirmative defenses. Among other things, HTC claimed that Wi-LAN had failed to state a claim, that HTC had not directly or indirectly infringed, that Wi-LAN's patents were invalid, and that prosecution history estoppel applied here to bar Wi-LAN's suit. In addition, HTC argued that the patents were unenforceable, due to Wi-LAN's inequitable conduct and/or unclean hands while prosecuting its patents.

Result

On Sept. 28, 2013 Wi-Lan and HTC entered a joint motion and stipulation dismissing all claims presented by Wi-Lan against HTC, and HTC's counterclaims, with prejudice. The case then proceeded only against Apple. A jury ruled in favor of Apple, finding that it had not infringed the patent at issue.