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McKool Smith and Wi-LAN Inc. Resolve Patent Litigations Against World's Leading Technology Providers

February 22, 2011

MARSHALL, Texas - Attorneys from McKool Smith successfully represented Ottawa, Canada-based Wi-LAN Inc. in a series of closely watched patent infringement lawsuits that were resolved following jury selection on the eve of a scheduled February trial through settlement and license agreements with many of the world's leading technology providers.

McKool Smith filed claims on behalf of Wi-LAN Inc. in 2007 and 2008 in the U.S. District Court for the Eastern District of Texas, including Wi-LAN Inc. v. Acer Inc., et al., No. 2:07-cv-473; Wi-LAN Inc. v. Westell Technologies Inc., et al., No. 2:07-cv-474; and Wi-LAN Inc. v. Motorola, Inc., et al., No. 2:08-cv-247. The suits were based on claims that defendants Intel, Broadcom, Apple, Dell, Hewlett-Packard, Sony, LG Electronics, and Motorola, among others, infringed Wi-LAN patents covering Wideband Orthogonal Frequency Division Multiplexing ("Wideband OFDM") and other wireless technologies used in WiFi, CDMA, and Bluetooth devices. Wi-LAN patents in the Texas cases before the Hon. T. John Ward included U.S. Patent Nos. 5,282,222; RE37,802; 5,956,323; and 6,549,759.

The Texas settlements also resolved a declaratory judgment action brought by Intel in 2008 against Wi-LAN in the U.S. District Court for the Northern District of California before the Hon. James Ware, Intel Corp. v. Wi-LAN Inc., No. 5:08-cv-4555. The California litigation involved Wi-LAN patents relating to WiMAX technology, including U.S. Patent Nos. 6,459,687; 6,577,863; 6,683,866; 6,693,887; 6,728,514; 6,804,211; 6,925,068; 6,944,188; 6,956,834; 6,963,617; 7,006,530; 7,023,798; 7,177,598; 7,197,022; 7,289,467; 7,317,704; and 7,379,441.

Wi-LAN announced in a financial guidance statement issued February 10, 2011 that its license agreements from the recent settlements will generate “hundreds of millions of dollars,” and that the company expects record revenues and earnings.

“Our firm is proud to represent Wi-LAN in protecting its intellectual property, including the invention of Wideband OFDM — an invention conceived in the early 1990s by Wi-LAN Inc. co-founders Hatim Zaghloul and Michel Fattouche,” says Robert A. Cote, lead counsel for Wi-LAN and managing principal of McKool Smith’s New York office. “Wideband OFDM—the wireless data communication technology behind all existing and future wireless devices—is a shining example of extraordinary innovation that touches people’s lives around the world every day.”

In addition to Mr. Cote, Wi-LAN was represented by McKool Smith Dallas principals Sam Baxter and Darryl Burke; Washington, D.C., principals Dirk Thomas and Michael McManus; and Austin principal Kevin Burgess.

With more than 130 litigators working as an integrated team across offices in New York, Washington, D.C. and Texas, McKool Smith has established a reputation as one of America’s leading trial firms. The firm has been recognized by The National Law Journal and VerdictSearch for winning more Top 100 verdicts than any other U.S. law firm during the past three years.  McKool Smith represents leading clients across a broad range of practice areas, including complex commercial litigation, intellectual property, bankruptcy, and white collar defense.