Apple Demands Mistrial In Wi-LAN Patent Feud By Kat Greene


Law360, Los Angeles (October 21, 2013, 7:27 PM ET) -- Apple Inc. wants a Texas federal judge to declare a mistrial in its patent infringement battle with Wi-LAN Inc., saying Monday that the litigious technology licensing company had improperly biased a jury by twice asking a question it had agreed not to ask in trial.

During testimony on Oct. 15, Apple contends, Wi-LAN litigators asked a witness why the tech giant hadn’t obtained a so-called opinion of counsel to determine whether it was infringing the patent. The witness declined to answer the question, according to the transcript.

But the damage was already done, Apple claims. In front of the jury, Wi-LAN attorney Samuel Baxter of McKool Smith PC said Apple hadn’t obtained the opinion of counsel, something it had agreed during the jury-free morning part of the trial to not address without first approaching the bench, according to the motion.

“Mr. Baxter’s question improperly argued that Apple failed to obtain an opinion of counsel as to whether or not its products infringed the patent-in-suit,” Apple said. “Mr. Baxter’s suggestion is entirely misleading and unsupported by any evidence in this case.”

Baxter did not immediately respond to a request for comment Monday.

In an opinion of counsel, typically obtained by companies facing patent infringement suits, an attorney looks over the patents and contentions to determine whether the company infringed the asserted patents. Apple did obtain such an opinion, but the opinion was protected by attorney-client privilege, it said.

Hopefully this is just more Apple trial games but I can see that some folks may panic and sell upon reading this news. I only hope they settle this thing without some dumb ass Texas jury reaching a ridiculous verdict. I know of what I speak having been born and badly raised in Longview Texas which is only a cow chip throw from Marshall in deep, deep East Texas.

Have a non-rainy day in beautiful BC if that is possible.

Doc