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25 June 2014Patents

Wi-Lan sues Apple over “multi-tasking” patents

Wireless technology company Wi-Lan has accused Apple of infringing five of its patents and has singled out the smartphone maker’s “multi-tasking” feature as a key target.

The Canadian non-practising entity (NPE) has accused Apple of “willful infringement” and said the California-based company attempted to sue after it was approached about a licensing deal.

Wi-Lan said without “its efforts” in developing the latest 4G technology, California-based Apple would not be able to use the services it does.

The lawsuit claims Wi-Lan has developed technology to allow the multi-tasking of apps and “adaptive modulation” capabilities, which it said enable 4G devices to operate in different conditions.

It has asserted US patents: 8,457,145, 8,462,723, 8,537,757, 8,615,020, 8,462,761 in the suit, which all claim technology related to those services.

In a complaint filed at the US District Court for the Southern District of California, yesterday, June 23, Wi-Lan said its technology had been widely licenced but that Apple was the “only” company that had “not respected” its IP.

“Wi-Lan’s advanced 4G technologies that are the subject of the patents asserted in this action enable Apple’s 4G LTE smartphones, tablets, and other 4G LTE mobile devices to provide users with the 4G Network Services that have made Apple’s products so popular…” the complaint said.

Wi-Lan, who said hundreds of companies had agreed licensing deals to use its technology, claimed it contacted Apple to negotiate a deal and that Apple admitted it had “not studied” the patents in question.

“Instead of following through on its commitment to meet in order to negotiate a license, Apple filed suit against Wi-Lan,” the complaint said.

The complaint added that due to the patents being “fundamental” to the implementation of products compliant with the 4G standard, there was an “objectively defined risk” that Apple infringed.

“Apple’s infringement of the patents-in-suit thus occurs with knowledge … objective recklessness and has been and continues to be willful and deliberate,” Wi-Lan said.

Wi-Lan is seeking damages and attorney’s fees.

Apple did not respond immediately to a request for comment.

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