US District Court Judge T. John Ward grants the Motion of UTStarcom to Extend the Time to Answer or otherwise respond to the Complaint of Wi-LAN to January 5, 2009.

December 12, 2008

LG Electronics Mobilecom U.S.A, Inc. delivers its Answer to the Second Amended Complaint of Wi-LAN, and its Disclosure Statement.

Wi-LAN files its Answer to Defendant Motorola, Inc.’s Counterclaims filed October 17, 2008.

UTStarcom, Inc. files Unopposed Application for Extension of Time to Answer the Complaint of Wi-LAN until November 29, 2008.

Defendant Motorola, Inc. files its Answer, Affirmative Defenses and Counterclaims.

LG Electronics Mobilecomm U.S.A. Inc. files unopposed motion for extension of time until December 12, 2008 to file its Answer.

U.S. District Judge T. John Ward issues Order that the Second Amended Complaint is dismissed as against LG Electronics, Inc. in accordance with the representations and stipulations set forth in the parties’ stipulated motion.

Management Comment
The granted motion removes an unnecessary party from the action, thus reducing the complexity of the case and legal costs. This often happens in patent infringement actions because it is typical to initially start the suit against all related companies which might possibly be liable for the infringing acts. Later, after an exchange of information and discussion between the parties, it becomes apparent that certain defendants’ activities are not implicated by the patents and the parties agree to remove them from the case. In this situation, the LG parent company has been dismissed from the case because it appears that the sale of allegedly infringing products takes place only through its US subsidiary which remains a defendant. However, the parent company will still have certain discovery obligations and Wi-LAN has retained the right to reinstate the action against the parent company should that ever prove to be necessary in the future.

Wi-LAN, LG Electronics, Inc. and LG Electronics Mobilecomm U.S.A. Inc jointly bring Unopposed Motion to Dismiss the action as against LG Electronics, Inc. Without Prejudice to reinstate.

US District Judge T. John Ward issues Order granting Agreed Motion to Dismiss Research in Motion Corporation and Research in Motion Ltd. and an Order granting Wi-LAN’s Motion to File 2nd Amended Complaint.

Wi-LAN files Second Amended Complaint as against Motorola, Inc., UTStarcom, Inc. and LG Electronics Mobilecomm U.S.A., Inc. and LG Electronics, Inc. – which removes Research In Motion Corporation and Research In Motion Ltd. as Defendants (due to settlement).

Motorola, Inc. files Unopposed Motion for Extension of Time to October 17, 2008 to respond to Wi-LAN’s Complaint.

Motorola, Inc. files unopposed Application for Extension of Time to Answer Complaint, to September 17, 2008.

Unopposed Application for Extension of Time to Answer Complaint by Motorola - until 2008 09 17 

Motorola, Inc. files Unopposed Application to Extend Time to Answer Complaint until September 3, 2008.

Wi-LAN files its First Amended Complaint to add LG Electronics, Inc. and LG Electronics Mobilecomm U.S.A., Inc. as Defendants.

Wi-LAN files Complaint for Patent Infringement against Research in Motion Corporation, Research In Motion, Ltd., Motorola Inc. and UTStarCom, Inc. in the U.S. District Court for the Eastern District of Texas, Marshall Division.