IP company obtains patent infringement award of US$108.98 million against Apple in California

The total award is subject to post-judgment interest and additional royalties

IP company obtains patent infringement award of US$108.98 million against Apple in California

A California district court has issued a final judgment awarding Wi-LAN Inc. US$108.98 million in damages and interest.

In August 2018, the U.S. District Court for the Southern District of California awarded the Ottawa-based patent monetization company US$145.1 million in damages, to be paid by Apple Inc. for infringing two of WiLAN’s U.S. patents. While a hearing later in 2018 affirmed the finding of infringement, in January 2020, the court adjusted the amount to US$85.23 million in a damages-only re-trial.

The latest update, released on June 16, announced the addition of US$23.75 million in pre-judgment interest, for a total award of US$108.98 million. This amount is subject to post-judgment interest, calculated from June 16 until the satisfaction of the final judgment, plus royalties for products released by Apple while the litigation had been pending.

The district court affirmed the full jury verdict and rejected Apple’s motions to retry the case or to lower the damages awarded. Wi-LAN and Apple may appeal this final judgment to the U.S. Court of Appeals for the Federal Circuit within 30 days.

WiLAN, a subsidiary of Kitchener-based diversified holding company Quarterhill Inc., handles patented technologies and intellectual properties in various markets, such as automotive, internet, medical and wireless communications. Aside from its head office in Ottawa, WiLAN has two offices in California, U.S.