News Release Details

WiLAN Provides Litigation Update

11/09/2009

Claims construction on two key patents in laptop, router and handset cases consolidated, joint hearing to be held on March 11, 2010

OTTAWA, Canada – November 9, 2009 – Wi-LAN Inc. (“WiLAN” or the “Company”) (TSX:WIN), a leading technology innovation and licensing company, today provided an update on current litigation activities.

On October 31, 2007, WiLAN initiated litigation in the U.S District Court for the Eastern District of Texas (“EDTX”), against 22 companies, including major laptop computer and router suppliers, alleging infringement of certain patents owned by WiLAN including U.S. Patent Nos. 5,282,222 (the “222 patent”) and RE37,802 (the “802 patent”).  A total of 18 defendants, combined, remain in the laptop and router cases.  The claims construction (Markman) hearing for the 222 and 802 patents was originally scheduled for September 1, 2010 with trial set to commence on January 4, 2011.

On June 19, 2008 WiLAN initiated another litigation in EDTX against a number of major handset vendors alleging infringement of the 222 and 802 patents.  Four defendants remain in the handset case which is also set for trial on January 4, 2011.  The Markman hearing in this case was scheduled for March 11, 2010.

On November 5, 2009, U.S. District Judge Ward issued an Order consolidating the Markman hearing and related deadlines for the laptop, router and handset cases.  The joint Markman hearing concerning the 222 and 802 patents will now be held on March 11, 2010 for all three cases.  However, the claims construction deadlines for the other two patents in the laptop and router cases, U.S. Patent Nos 5,956,323 and 6,549,759, will remain on the original schedule with the Markman hearing to occur on September 1, 2010.

“We are pleased that the Court has consolidated the Markman hearing and related deadlines for the 222 and 802 patents in our laptop, router and handset actions, as we believe that this will result in a more efficient and cost-effective claims construction process,” said Bill Middleton, Senior Vice President, Licensing and General Counsel.  “We are also encouraged that this important step in our litigations concerning two of our key patents has now been moved earlier by over five and one-half months”.

Over 85 companies, including Cisco, RIM, Nokia, Panasonic, Samsung, Fujitsu, ASUS and Infineon have negotiated license agreements to certain or all of the patents at issue in Wi-LAN’s laptop, router and handset cases.  WiLAN technologies have been licensed by over 200 companies worldwide.

About WiLAN
WiLAN, founded in 1992, is a leading technology innovation and licensing company.  WiLAN has licensed its intellectual property to over 200 companies worldwide.  Inventions in our portfolio have been licensed by companies that manufacture or sell a wide range of communication and consumer electronics products including 3G cellular handsets, Wi-Fi-enabled laptops, Wi-Fi/DSL routers, xDSL infrastructure equipment, WiMAX base stations and digital televisions.  WiLAN has a large and growing portfolio of more than 750 issued or pending patents.  For more information: WiLan.com.

Forward-looking Information
Certain statements in this release, other than statements of historical fact, may include forward-looking information that involves various risks and uncertainties that face the Company; such statements may contain such words as “may”, “would”, “could”, “will”, “intend”, “plan”, “anticipate”, “believe”, “estimate”, “expect” and similar expressions, and may be based on management’s current assumptions and expectations related to all aspects of the wireless and wireline telecommunications industries and the global economy.   Risks and uncertainties that may face the Company include, but are not restricted to: licensing of the Company’s patents can take an extremely long time and may be subject to variable cycles; the Company is currently reliant on licensees paying  royalties under existing licensing agreements and additional licensing of its patent portfolio to generate future revenues and increased cash flows; the Company may be required to establish the enforceability of its patents in court in order to obtain material licensing revenues; changes in patent laws or in the interpretation or application of patent laws could materially adversely affect the Company; a court may determine that certain of the Company’s patents are not infringed by certain standards or products or may disagree with management with respect to whether one or more of the Company’s patents apply to certain standards or products, which could adversely affect the Company; the Company will need to acquire or develop new patents to continue and grow its business; fluctuations in foreign exchange rates impact and may continue to impact the Company’s revenues and operating expenses, potentially adversely affecting financial results; the Company has made and may make acquisitions of technologies or businesses which could materially adversely affect the Company; the Company may require investment to translate its intellectual property position into sustainable profit in the market; the generation of future V-chip revenues and the likelihood of the Company signing additional V-chip licenses could  be negatively impacted by changes in government regulation; the Company is dependent on its key officers and employees; the price of the Company’s common shares is volatile and subject to market fluctuation; and the Company may be negatively affected by reduced consumer spending due to the uncertainty of economic and geopolitical conditions.  These risks and uncertainties may cause actual results to differ from information contained in this release, when estimates and assumptions have been used to measure and report results.  There can be no assurance that any statements of forward-looking information contained in this release will prove to be accurate. Actual results and future events could differ materially from those anticipated in such statements.  These and all subsequent written and oral statements containing forward-looking information are based on the estimates and opinions of management on the dates they are made and expressly qualified in their entirety by this notice.  Except as required by applicable laws, the Company assumes no obligation to update forward-looking statements should circumstances or management's estimates or opinions change.  Readers are cautioned not to place undue reliance on any statements of forward looking information that speak only as of the date of this release.  Additional information identifying risks and uncertainties relating to the Company’s business are contained under the heading “Risk Factors” in WiLAN’s current Annual Information Form and its other filings with the various Canadian securities regulators which are available online at www.sedar.com.

 This press release does not constitute an offer to sell or a solicitation of an offer to buy any securities in the United States.

 All trademarks and brands mentioned in this release are the property of their respective owners.

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For more information, please contact:

Tyler Burns
Director, Investor Relations & Communications
O: 613.688.4330
C: 613.697.0367
E: tburns@wilan.com

 

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