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)

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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. § § § § § § § § § § 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. 1 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: (512) 542-8400 Fax: (512) 236-3476 dweaver@velaw.com aross@velaw.com apai@velaw.com sfareed@velaw.com jhan@velaw.com slindner@velaw.com 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: (713) 758-2222 Fax: (713) 758-2346 sborgman@velaw.com gsamora@velaw.com 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: (903) 757-6400 Fax: (903) 757-2323 jw@jwfirm.com wh@jwfirm.com Attorneys for Plaintiff Wi-LAN Inc. 2 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 3

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