What you need to know
- Apple has been ordered to pay WiLAN $108 million.
- Its over infringements of patents owned by the Canadian company.
- WiLAN has been awarded an additional $23 million in interest, on a ruling that was originally made in January.
Apple has been ordered to pay an additional $23 million in interest to patent company WiLAN, following a damages-only re-trial of a case originally brought to conclusion in January.
Apple was sued by WiLAN over patent technology relating to making phone calls and downloading data at the same time. The case is more than six years old, and concerns the iPhone 6 and 7. In an initial ruling, Apple was ordered to pay $145 million in damages. Then, following a re-trial, that sum was reduced to just $85 million. Now, in a damages-only re-trial, a court has ruled that WiLAN is also owed an additional $23.75 million in pre-judgement interest, as well as post judgement interest which will run from June 16 until payment.
Following a jury verdict win on January 24, 2020 of $85.23 million in a damages-only re-trial in the United States District Court for the Southern District of California (the "Court"), the Court ruled late yesterday on all post-trial motions and entered final judgment in favor of WiLAN, maintaining the full jury verdict and denying Apple's motions for retrial or lowering the damages award (the "Final Judgment"). The Court also awarded WiLAN an additional amount of $23.75 million in pre-judgment interest. The total award in the Final Judgment stands at $108.98 million and WiLAN is entitled to post-judgment interest from June 16, 2020 until the date this Final Judgment is satisfied. In addition, as indicated in the Court's Final Judgment, there are additional royalties for products which Apple released during the pendency of the litigation that will have to be accounted for separately.
Both parties can appeal the final judgement in the Federal Court of Appeal within the next 30 days. WiLAN describes itself as "one of the most successful patent monetization companies in the world."