Canadian
firm Wi-LAN has filed the suit in the Eastern District of Texas, a
court often used by patent-enforcing litigants.
The company claims that 22 companies, including chip makers,
equipment manufacturers and retailers, are infringing three patents
it holds. Two relate to Wi-Fi wireless internet access and one to
power consumption in DSL broadband products.
Wi-LAN claims that some routers, modems and laptop computers
infringe its patents.
The company said that it had already cut deals with some
companies for licences for the patents. "Wi-LAN has successfully
negotiated patent licensing deals with a number of companies
covering a broad range of patent families and technologies," said
company chief executive Jim Skippen in a statement.
"While we prefer to resolve patent infringement through business
discussions, we have consistently maintained that litigation was
always a possibility when negotiations do not result in a licence
within a reasonable time," he said.
Wi-LAN said that despite the legal action it was still in
discussion with some of the named companies about licensing the
technology to them. "I expect these discussions to continue and
that some parties will feel more inclined to take licenses
quickly," said Skippen in a conference call with journalists.
The company is seeking an injunction preventing the companies
from continuing the activity which it claims constitutes patent
infringement, as well as damages.
"Wi-LAN has no adequate remedy at law against Defenders' acts of
infringement and, unless Defenders are enjoined from their
infringements of the Patents-In-Suit, Wi-LAN will suffer
irreparable harm," said the company's lawsuit.
The Supreme Court in the US has heard a number of patent related
cases recently, and is widely seen as clamping down on actions
taken by firms which are not operating companies but merely patent
holders.
One Supreme Court judgment recently in a case involving Genetech
made it easier for companies to take pre-emptive action against
patent holders which at least allows them to choose the court the
case would be heard in.
Wi-LAN has chosen the Eastern District of Texas for its action,
but one US patent law expert recently told OUT-LAW.COM that the
reputation of that court as the ideal forum for patent holders was
changing.
Dennis Crouch is Associate Professor of Law at Missouri
University and author of the Patently-O blog. "The Eastern District
of Texas has seen a flood of patent litigation in recent years
based on its reputation as a patent friendly court," he said.
"However, that reputation is shifting as the court invalidates more
patents."
