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Message: Kyocera order March 8th...very interesting (from BMWIN1)

The court ordered the following motion granted in the 00068 case:

Plaintiff Wi-LAN Inc. ("Wi-LAN") and Defendant Kyocera Communications, Inc.
("Kyocera") stipulate and jointly move for the Court to sever and enter an administrative stay with respect to the above-entitled, consolidated cases (Civil Action Nos.
2:11-CV-68 and 2:12-CV-600-JRG) filed by Wi-LAN against Kyocera in the United States District Court for the Eastern District of Texas (the "Action") based upon the following:

1. On September 1, 2011, Wi-LAN filed a complaint asserting patent infringement against Kyocera (Civil Action No. 2:12-CV-600-JRG, Docket #1). Wi-LAN alleges that Case 2:11-cv-00068-JRG Document 286 Filed 03/08/13 Page 1 of 5 PageID #: 8626 Kyocera infringes two patents: U.S. Patent No. 5,282,222, entitled "Method and Apparatus for Multiple Access Between Transceivers in Wireless Communications Using OFDM Spread Spectrum," and U.S. Patent No. RE37,802, entitled "Multicode Direct Sequence Spread Spectrum" (collectively, "the Patents-in-Suit").

2. On April 12, 2012, Kyocera filed a Motion to Disqualify Plaintiff's Counsel (Civil Action No. 2:12-CV-600-JRG, Docket #156) ("Kyocera's Motion to Disqualify"), McKool Smith, based upon a series of prior representations of Kyocera by McKool Smith.

3. On September 25, 2012, Kyocera filed a Motion to Sever Kyocera and to Stay the Lawsuit Pending Resolution of Its Disqualification Motion (Civil Action No. 2:12-CV-600-JRG,
Docket #226) ("Kyocera's Motion to Sever and Stay").


4. Wi-LAN and Kyocera now desire to avoid further litigation risks and expenses and mutually seek an opportunity to continue to negotiate the terms of a global license to Wi-LAN's wireless patent portfolio.


5. Accordingly, Wi-LAN and Kyocera jointly move for the Court to sever the dispute between Wi-LAN and Kyocera from the Action.


6. Additionally, Wi-LAN and Kyocera jointly move for the Court to issue an administrative stay of the case against Kyocera for a period of nine (9) months after the entry of the attached Order.


7. Kyocera's Motion to Disqualify and Motion to Sever and Stay shall be and are hereby withdrawn. Kyocera's withdrawal of its Motion to Disqualify is with prejudice in the Action involving the Patents-in-Suit, such that Kyocera is prohibited from refiling its Motion to Disqualify in the Action. As to other actions between Wi-LAN and Kyocera, Kyocera's withdraw of its Motion to Disqualify in the Action is without prejudice to the filing of the same Case 2:11-cv-00068-JRG Document 286 Filed 03/08/13 Page 2 of 5 PageID #: 8627 or a similar motion in any other action against Wi-LAN or another party employing the services of McKool Smith.


8. If the administrative stay entered as a result of this stipulated motion is lifted, and the severed portion of the Action resumes, Kyocera agrees to accept, for purposes of the resumed portion of the Action, the Court's construction of the claim terms of the Patents-in-Suit as provided in the Court's claim construction order entered in the non-severed portion of the Action. Kyocera reserves its right to raise any and all objections to the Court's construction of the claim terms of the Patents-in-Suit on appeal.


9. Neither Wi-LAN nor Kyocera will seek to initiate any civil action, International Trade Commission proceeding, United States Patent and Trademark Office proceeding, or a similar proceeding relating to infringement, validity, or enforceability of any patents during the pendency of the administrative stay of the severed portion of this Action. This agreement not to initiate any such action or proceeding shall not be construed as a license of any sorts, express or implied, to any patents whatsoever.


10. Nothing herein shall toll or stay the accrual of any damages related to the infringement of any patents, including the Patents-in-Suit.


11. Nothing herein shall affect the non-severed portion of the Action as between Wi-LAN and the remaining defendants.


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