Wi-LAN Inc.
TSX : WIN

Wi-LAN Inc.

September 11, 2008 11:14 ET

Wi-LAN Announces Ruling on Motion in Texas Cases

Court denies Defendants' motion that cases proceed against chip suppliers first

OTTAWA, CANADA--(Marketwire - Sept. 11, 2008) - Wi-LAN Inc. ("Wi-LAN" or the "Company") (TSX:WIN), a leading technology innovation and licensing company, today announced that U.S. District Court Judge T. John Ward has ruled for Wi-LAN in denying a motion by the Defendants which sought an order that the cases proceed solely against the smaller number of chip suppliers in the cases and that the other defendants be bound by the result.

The unsuccessful motion had been brought by Intel Corporation, Hewlett-Packard Company and all other Defendants in case nos. 2:08-CV-473 and 2:08-CV-474 commenced by Wi-LAN in the U.S. District Court for the Eastern District of Texas, Marshall Division. The Judge also denied the Defendants' request for an oral hearing in the matter. In a separate ruling, Judge Ward ordered that the two cases should be consolidated for other pre-trial purposes as agreed to by Wi-LAN and the Defendants.

"We are pleased that the Court agreed with Wi-LAN in denying the Defendants' motion," said Bill Middleton, Senior Vice-President Licensing & General Counsel. "We are anxious to proceed expeditiously now that the Court has accepted both parties' agreement that these two actions should be consolidated at this time."

Wi-LAN continues to be represented in this action by McKool Smith, a leading U.S. law firm specializing in intellectual property litigation.

About Wi-LAN

Wi-LAN, founded in 1992, is a leading technology innovation and licensing company. Our portfolio of patented inventions applies to a wide range of consumer electronics and communications products. Some of the fundamental technologies covered by Wi-LAN's patents include: CDMA, DOCSIS, DSL, GSM/EDGE, V-chip, Wi-Fi and WiMAX. Wi-LAN has a large and growing portfolio of more than 300 issued or pending patents. Wi-LAN has licensed its intellectual property to over 130 companies. For more information: www.wi-lan.com.

Forward-looking Information

Certain statements in this release, other than statements of historical fact, may include forward-looking information that involves various risks and uncertainties that face the Company; such statements may contain such words as "may", "would", "could", "will", "intend", "plan", "anticipate", "believe", "estimate", "expect" and similar expressions, and may be based on management's current assumptions and expectations related to all aspects of the wireless and wireline telecommunications industries and the global economy. Risks and uncertainties that may face the Company include, but are not restricted to: licensing of the Company's patents can take an extremely long time and may be subject to variable cycles; the Company is currently almost exclusively reliant on additional licensing of its patent portfolio to generate future revenues and cash flows; the Company may be required to establish the enforceability of its patents in court in order to obtain material licensing revenues; changes in patent laws or in the interpretation or application of patent laws could materially adversely affect the Company; a court may determine that certain of the Company's patents are not infringed by certain standards or products or may disagree with management with respect to whether one or more of the Company's patents apply to certain standards or products, which could adversely affect the Company; the Company will need to acquire or develop new patents to continue and grow its business; the Company has made and may make acquisitions of technologies or businesses which could materially adversely affect the Company; the Company may require investment to translate its intellectual property position into sustainable profit in the market; the viability of the Company's V-chip technology may be subject to continued government support; the Company is dependent on its key officers and employees; and the price of the Company's common shares is volatile and subject to market fluctuation. These risks and uncertainties may cause actual results to differ from information contained in this release, when estimates and assumptions have been used to measure and report results. There can be no assurance that any statements of forward-looking information contained in this release will prove to be accurate. Actual results and future events could differ materially from those anticipated in such statements. These and all subsequent written and oral statements containing forward-looking information are based on the estimates and opinions of management on the dates they are made and expressly qualified in their entirety by this notice. Except as required by applicable laws, the Company assumes no obligation to update forward-looking statements should circumstances or management's estimates or opinions change. Readers are cautioned not to place undue reliance on any statements of forward looking information that speak only as of the date of this release. Additional information identifying risks and uncertainties relating to the Company's business are contained under the heading "Risk Factors" in Wi-LAN's current Annual Information Form and its other filings with the various Canadian securities regulators which are available online at www.sedar.com.

This press release does not constitute an offer to sell or a solicitation of an offer to buy any securities in the United States.

All trademarks and brands mentioned in this release are the property of their respective owners.

Contact Information

  • Wi-LAN Inc.
    Tyler Burns
    Director, Investor Relations & Communications
    613-688-4330
    C: 613-697-0367
    tburns@wi-lan.com