WI-LAN Inc. v. Alcatel-Lucent USA Inc. et al

Filing 457

RESPONSE to Motion re 453 SEALED MOTION for Judgment as a Matter of Law filed by WI-LAN Inc.. (Attachments: # 1 Text of Proposed Order)(Weaver, David)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
WI-LAN INC.,
Plaintiff,
v.
ALCATEL-LUCENT USA INC.; et al.,
Defendants.

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Civil Action No. 6:10-cv-521-LED
JURY TRIAL DEMANDED

WI-LAN’S OPPOSITION TO THE ERICSSON DEFENDANTS’ MOTION
FOR JUDGMENT AS A MATTER OF LAW
Plaintiff Wi-LAN Inc. (“Plaintiff”) responds to the Ericsson Defendants’ Motion for
Judgment as a Matter of Law (Dkt. No. 453). Although styled as motion for Judgment as a
Matter of Law, the Motion actually requests a stay of entry of judgment in light of a ruling from
a different district court in another case filed in Florida.
This Court has already disposed of the question of whether the Ericsson Defendants are
entitled to a license to the patents-in-suit under the terms of the Patent and Conflict Resolution
Agreement in favor of Wi-LAN. See Dkt. No. 410 at 8 (holding that “Wi-Lan is not obligated to
grant Defendants such a license to the patents-in-suit.”). That ruling is the law of the case. To
the extent that the Florida Court’s later decision conflicts with the prior decision of this Court,
the appropriate course of action would be entry of judgment, not a stay of final judgment
intended to prevent this Court’s decision from being appealed.1
For the reasons stated herein, Wi-LAN Inc. respectfully requests that the Court deny the
Ericsson Defendants’ Motion for Judgment as a Matter of Law in its entirety.
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Indeed, in a prior filing, Defendants have represented that that they are not “disputing the
[Summary Judgment] Order” but instead were reserving their right to appeal. (See Dkt. No. 413 at 1.)

-1US 1973626v.1

Dated: July 12, 2013

Respectfully submitted,
By:

/s/ David B. Weaver
David B. Weaver (TX Bar 00798576)
Lead Attorney
Avelyn M. Ross (TX Bar 24027817)
Ajeet P. Pai (TX Bar 24060376)
Syed K. Fareed (TX Bar 24065216)
Jeffrey T. Han (TX Bar 24069870)
Seth A. Lindner (TX Bar 24078862)
VINSON & ELKINS LLP
2801 Via Fortuna, Suite 100
Austin, TX 78746
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Steve R. Borgman (TX Bar 02670300)
Gwendolyn Johnson Samora
(TX Bar 00784899)
VINSON & ELKINS LLP
1001 Fannin Street, Suite 2500
Houston, TX 77002-6760
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Local Counsel
Johnny Ward (TX Bar No. 00794818)
Wesley Hill (TX Bar No. 24032294)
Ward & Smith Law Firm
P.O. Box 1231
1127 Judson Rd., Ste. 220
Longview, TX 75606-1231
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff Wi-LAN Inc.

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CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was filed electronically in
compliance with Local Rule CV-5(a). As such, this document was served on all counsel who are
deemed to have consented to electronic service on this the 12th day of July, 2013.
/s/ David B. Weaver
David B. Weaver

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