WI-LAN Inc. v. Alcatel-Lucent USA Inc. et al
ORDER granting 422 Motion to Sever and Stay the Ericsson Defendants' License Defense, pending resolution of a currently pending arbitration proceeding in Canada relating to the license issue. Signed by Judge Leonard Davis on 7/1/13. (mjc, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 6:10–CV–521–LED
ALCATEL–LUCENT USA INC., et al.,
The Court has considered the Joint Motion of Wi-LAN and the Ericsson Defendants to
Sever and Stay the Ericsson Defendants’ License Defense and is of the opinion that it should be
IT IS THEREFORE ORDERED THAT:
Ericsson’s license defense is hereby severed into a separate action for declaratory
judgment that LME is licensed under the BelAir License;
That separate action shall be stayed pending resolution of a currently pending
arbitration proceeding in Canada relating to the license issue;
In the event that following the jury trial in this action, (1) any patent-in-suit is
found valid and infringed by the accused Ericsson products, (2) the Court awards damages to
Wi-LAN for infringement by Ericsson, and (3) the arbitration results in a determination that
LME did obtain a valid license to the patents-in-suit covering the accused products, the Court
shall lift the stay of the severed action for further proceedings in accordance with the following
Upon the lifting of the stay in the severed action upon satisfaction of all
conditions in paragraph 3 above, the parties have agreed to submit to the Court, and expressly
waived the right to a jury trial for, the issue of whether and how the damages awarded to WiLAN should be adjusted as a result of the arbitration determination. The Court will retain
jurisdiction over the severed action to order any such adjustment regardless of whether a final
judgment has been entered in this action, and the parties stipulate that the severed action includes
a separate and independent cause of action over which the Court will have jurisdiction
notwithstanding the entry of any judgment in this action.
If any of the foregoing conditions in Paragraph 3 does not occur, then the Court
shall dismiss the severed action.
In the event that the Court deems it appropriate to grant an injunction against
Ericsson following a jury trial of this action, the Court will stay such injunction pending
resolution of the arbitration.
So ORDERED and SIGNED this 1st day of July, 2013.
UNITED STATES DISTRICT JUDGE
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