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U.S. Patent No. 5,828,402 Re-exam Request

Date Details Documentation
August 4, 2010

WiLAN receives a first non-final Office Action from the USPTO rejecting claims 7 to 12 under 35 U.S.C. 102(b) and rejecting claims 13-15 under 35 U.S.C. 103(a).  This is the typical first step in the ex parte re-examination process. Wi-LAN will file its response in due course and the re-examination process will continue for approximately 18-24 months. The '402 patent remains valid and enforceable unless and until a final contrary determination has been made by the USPTO and all appeal rights have been exhausted.

Non-Final Office Action 
March 2, 2010 The USPTO has granted the re-examination request. Re-examination grant 
December 24, 2009

A law firm filed a request for Ex Parte re-examination at the U.S. Patent and Trademark Office (USPTO) in respect of U.S. Patent No. 5,828,402 owned by Wi-LAN Inc. Wi-LAN does not know the identity of the real party in interest who made this re-examination request. It is expected that the U.S. Patent and Trademark Office will respond to this request within the next 3 months.

Management Comment
This patent is one of the patents involved in Wi-LAN’s SDNY case 10 CV 432. It has now become very common for Defendants in patent infringement lawsuits to, as part of their defense strategy, file requests for re-examination of patents at issue in such actions. It is expected that the U.S. Patent and Trademark Office will respond to this request within the next 3 months.


Re-exam Request