| November 12, 2009 |
Marvell files a Notice of Voluntary Dismissal Without Prejudice of its claims for declaratory relief against Wi-LAN. |
Notice of Voluntary Dismissal by Marvell  |
| October 15, 2009 |
U.S. District Judge Ware issues Order granting Wi-LAN’s Motions to Transfer to the Eastern District of Texas the three remaining Declaratory Judgment actions of Broadcom, Atheros, Apple and Marvell concerning Wi-LAN’s U.S. Patent No. 6,549,759. |
Order Granting Defendant's Motion to Transfer  |
| September 14, 2009 |
Wi-LAN files request for an order to file under seal Wi-LAN’s Reply in Support of its Motion to Transfer Remaining DJ claims. |
Wi-LAN's Request to File Reply in Support of its Motion to Transfer Under Seal 
McManus Declaration 
|
| September 4, 2009 |
Broadcom, Atheros, Marvell and Apple file motion to request an order to file under seal their Joint Opposition to Wi-LAN’s Motion to Transfer these parties’ remaining declaratory judgment claims. |
Stipulated request to file under seal 
Stipulation to file under seal  |
| August 24, 2009 |
Wi-LAN files Motion for hearing on September 28, 2009 to Transfer to the U.S. District Court for the Eastern District of Texas the Remaining Declaratory Judgment Claims of Broadcom Corporation, Atheros Communications, Inc., Marvell Semiconductor, Inc., and Apple Inc., concerning U.S. Patent # 6,549,759. |
Wi-LAN Motion to Transfer Remaining DJ Claims 
McManus Declaration 
Proposed Order Granting Wi-LAN Motion to Transfer l |
| July 22, 2009 |
The Plaintiffs and Wi-LAN file a stipulation to reschedule the Case Management Conference from September 2, 2009 to September 1, 2009 at 9:00 a.m. |
Stipulation and Proposed Order  |
| June 25, 2009 |
U.S. District Judge Ware, in a related ruling concerning the Intel DJ action, orders that Wi-LAN’s motion to transfer the DJ actions of Broadcom, Atheros, Apple and Marvell to the Eastern District of Texas is to be heard on September 28, 2009. |
Order Following Case Management Conference  |
| June 18, 2009 |
All parties deliver a Joint Statement of Proposals for Moving Forward Pursuant to March 25, 2009 Order of U.S. District Judge Ware. |
Parties' Joint Statement  |
| March 25, 2009 |
U.S. District Court Judge Ware issues Order Setting Hearing Date for Defendant’s Motion to Dismiss or Transfer Intel DJ proceeding, changing the date of April 24, 2009 to May 1, 2009 at 1:30 pm. |
Order following Case Management Conference  |
| March 16, 2009 |
At the Case Management Conference held on March 16, 2009, U.S. District Judge Ware set a date of April 24, 2009 for the hearing of Wi-LAN’s Motion to Dismiss or Transfer the declaratory judgment action of Intel Corporation. All other related declaratory judgment proceedings remain stayed pending the outcome of this hearing, pursuant to the Order of Judge Ware made on February 20, 2009. |
|
| March 6, 2009 |
Plaintiffs Intel, Atheros, Broadcom, Marvell, Acer, Apple, Dell, Gateway, Hewlett-Packard, Lenovo, Sony, Toshiba and Defendant Wi-LAN file Joint Case Management Statement and Rule 26(f) Report. |
Joint Case Management Statement 
Exhibit A 07cv473 TXND Order Granting Leave to File Supplemental First Amended Complaint 
Exhibit B 07cv473 TXND Docket Control Order 
Exhibit C 07cv473 TXND Supplemental First Amended Complaint 
Exhibit D 07cv473 TXND Intel Answer to Supplemental First Amended Complaint  |
| February 20, 2009 |
U.S. District Judge Ware issues Order relating the Declaratory Judgment actions against Wi-LAN Inc. of Broadcom, Atheros, Acer, Apple, Dell, Sony, HP, Lenovo and Marvell – being Actions Nos. c-08-04555; c-08-05543; c-08-05544; c-08-05624 and c-08-05742 – to the Declaratory Judgment action of Intel Corporation.
Judge Ware also orders that (i) all parties in all actions shall appear for the Case Management Conference currently set for March 16, 2009 at 10:00 a.m. and shall collectively file a Joint Case Management Statement on or before March 6, 2009; (ii) all deadlines in the 5 related actions are stayed; (iii) the Wi-LAN motion to dismiss or transfer the action of Intel Corporation presently set for March 30th is taken off calendar until such time as the Court determines the case structure following the March 16 Case Management Conference; and (iv) Wi-LAN’s motion to Extend Time in the Broadcom action is denied as moot. |
Order relating cases 
Broadcom Order  |
| February 19, 2009 |
Wi-LAN files Unopposed Request and Stipulation for Order to Extend the time for Wi-LAN to answer or otherwise respond to the Complaint until a date 10 days after the Court rules on Wi-LAN's motion filed January 15, 2009 to dismiss the related Intel Corporation Action 5:08-cv-4555 for declaratory relief. |
Stipulation and Proposed Order to Extend Time  |
| February 9, 2009 |
U.S. District Judge Ware grants Unopposed Request to extend until February 25, 2009 the time for Wi-LAN to answer or otherwise respond to the Complaint of Marvell Semiconductor, Inc. and Marvell Asia Pte., Ltd. |
Order to Extend Time to Respond to Complaint  |
| January 23, 2009 |
Wi-LAN files unopposed Stipulation to Extend Time until February 25, 2009 for Wi-LAN to Answer or otherwise Respond to the declaratory judgment action of Marvell Semiconductor, Inc. |
Stipulation and Order to Extend Time to Respond  |
| January 22, 2009 |
Management Comment This is intended to provide a brief update on recent developments concerning Wi-LAN’s U.S. patent litigation cases.
Approximately 14 months ago on October 31, 2007 Wi-LAN commenced 2 actions in the U.S. District Court for the Eastern District of Texas, Marshall Division (the “Wi-LAN Cases”). The Wi-LAN Cases involve 19 remaining defendants including several manufacturers of Wi-Fi-enabled computer and router equipment as well as semiconductor chip vendors Intel Corporation (“Intel”), Broadcom Corporation (“Broadcom”), Atheros Communications, Inc. (“Atheros”) and Marvell Semiconductor Inc. (“Marvell”).
On September 30, 2008, without prior notice to Wi-LAN, Intel filed a declaratory judgment action in the U.S. District Court for the Northern District of California (the “Intel Case”) relating to certain Wi-LAN patents not then involved in the Wi-LAN Cases. One of the patents in the Intel Case is U.S. patent no. 6,549,759 (the “759 patent”). The Intel Case also introduced some new dual-mode Wi-Fi/WiMAX products. Wi-LAN claims that these new products are also implicated in the Wi-LAN Cases.
On October 30, 2008, in response to the new dual-mode Wi-Fi/WiMAX products introduced by Intel and other manufacturers, Wi-LAN filed a First Amended Complaint in the Wi-LAN Cases. This Complaint informed Intel and the other defendants that the Company’s patent infringement assertions in those cases now involve these new Wi-Fi and WiMAX-enabled products.
As a result of these developments, Wi-LAN decided to further amend its Complaint in the Wi-LAN Cases to add the ‘759 which applies to Wi-MAX as well as to Bluetooth technologies. Court rules required Wi-LAN to bring a motion to do this, and to discuss its intended motion with Intel and the other defendants. Wi-LAN agreed to delay its motion until December 12th to facilitate that process.
However, Wi-LAN believes that during this period of discussion, but without warning to Wi-LAN, Broadcom jointly with Atheros and Marvell filed separate claims on December 10, 2009 against Wi-LAN in the U.S. District Court for the Northern District of California, requesting declaratory judgments that the 759 patent is invalid and has not been infringed.
On December 12, 2008, Wi-LAN filed its motion to deliver a Supplemental First Amended Complaint, to add the 759 patent to the Wi-LAN Cases. In its proposed amendments, Wi-LAN asserts that the 759 patent is infringed by those products of the defendants which are enabled by WiMAX and certain Bluetooth technologies. By taking this step, Wi-LAN also seeks to ensure that all allegations of infringement by defendants products, whether for Wi-Fi or WiMAX capability, or both, be heard in a single suit, rather than in different jurisdictions.
After filing its December 12th motion to add the 759 to the Wi-LAN Cases, Wi-LAN learned that on December 17th Acer, Apple, Dell and Gateway filed a declaratory judgment action in the Northern District of California on the 759 patent similar to the Broadcom/Atheros and Marvell actions. On December 23rd, Sony, Toshiba, HP and Lenovo together started yet another such action on the 759 patent in the Northern District of California. Not all of these new claims have been served on Wi-LAN. If and when service occurs, Wi-LAN will evaluate the claims and take appropriate steps to respond.
Wi-LAN has now responded to the Intel Case by bringing a motion on January 15, 2009 to dismiss that case or have it transferred from California to the Eastern District of Texas. Wi-LAN has also filed a motion on January 21st to extend the time to respond to the Broadcom/Atheros action until 10 days after the Court rules on Wi-LAN’s motion to dismiss/transfer the Intel Case. |
|
| January 16, 2009 |
U.S. States Magistrate Judge Ware orders that the Declaratory Judgment actions of Intel Corporation, Broadcom Corporation, Atheros Communications, Inc. and Marvell Semiconductor, Inc. are now related together. |
Administrative Motion to Consider Whether Cases Should be Related  |
| December 10, 2008 |
Marvell Semiconductor, Inc. and Marvell Asia Pte., Ltd. file Complaint For Declaratory Relief against Wi-LAN regarding U.S. Patent No. 6,549,759. |
Complaint for Declaratory Judgment  |