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McKool Smith has secured an $85 million patent damages verdict on behalf of Ottawa, Canada-based WiLAN Inc. against Apple, Inc.

The verdict was announced on January 24, 2020, following a jury trial before Judge Dana M. Sabraw in the U.S. District Court for the Southern District of California. After three hours of deliberations, jurors awarded WiLAN $85.23 million in damages – the full amount that the company requested. In a previous trial in August 2018, Apple was found to have infringed WiLAN’s 8,457,145 and 8,537,757 patents, which cover voiceover LTE ("VoLTE") wireless communication technology used in many Apple products, including the iPhone 6, iPhone 6 Plus, iPhone SE, iPhone 6s, iPhone 6s Plus, iPhone 7, and iPhone 7 Plus.

Along with Mike McKool, Chairman of McKool Smith, the McKool Smith trial team included firm principals Scott Cole, Brett E. CooperWarren Lipschitz, Ashley N. MooreJonathan Yim, and Seth Hasenour, and associates Christopher P. McNett, and Drew Hollander. 

Media coverage of the verdict:

Apple Hit With $85M Patent Verdict in WiLAN Damages Retrial, Law360 (01-24-2020)

"A California federal jury found Friday that Apple Inc. should pay licensing firm WiLAN Inc. just over $85 million for infringing wireless technology patents, following a retrial on damages after the court upended WiLAN's earlier $145 million trial win".

WiLAN Scores $85M Patent Verdict in Retrial With Apple, The Recorder (01/24/2020)

"Canadian intellectual property holding company WiLAN Inc. has taken a haircut in a patent retrial with Apple Inc. over voice-over-LTE (VOLTE) technology.

But it’s a haircut almost any patent owner would gladly accept. A San Diego jury handed Ottawa-based WiLAN an $85 million award for infringement on Friday. That’s less than the $145 million verdict WiLAN had won in 2018 that was later set aside by U.S. District Judge Dana Sabraw. But it’s a lot more than the $10 million that Apple said last year should be the maximum award".

Apple Owes Quaterhill $85 Million in Royalties, U.S. Jury Says, Bloomberg (01-24-2020)

"Apple Inc. must pay Quarterhill Inc.’s WiLan $85 million for infringing patents related to wireless communications, a jury in San Diego ruled. WiLAN’s two patents cover ways to make phone calls and download data at the same time. A different jury in 2018 said Apple infringed the patents and awarded $145 million, but a new trial was ordered to reconsider the damages".

McKool & Team Score $85M against Apple, The Texas Lawbook (01/26/2020)

"Mike McKool channeled his inner William Edward Hickson last week: “If at first you don’t succeed, try, try, try again.”
A San Diego federal court jury on Friday awarded the Dallas lawyer’s client, Ottawa-based WiLAN Inc., $85.23 million in a patent infringement dispute against Apple."

McKool Smith wins $85 million from Apple, Daily Journal (01-27-2020)

"After three hours of deliberations Friday, a federal jury in San Diego awarded Canadian technology and patent licensing company WiLAN, represented by McKool Smith, more than $85 million in damages from Apple Inc. for infringing two voice-over-LTE wireless patents".

WiLAN wins $87.5 million in Apple retrial, WIPR (01-27-2020)

"A jury has reduced the damages Apple owes to WiLAN to $87.5 million following a retrial at the US District Court for the Southern District of California."

$84.23 Million for Wilan Against Apple, Patently-O (01-27-2020)

"Big verdict for WiLAN against Apple $85.23 million in damages – the full amount that the company requested. "

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