Its a BIG deal because the stakes are much BIGGER... I think the following will help you understand that IMO tomorrow's Motion to Dismiss by Apple may come back to bite them... I cannot see what legal basis APPLE can present to convience the Court that this motion is anything more than a feable attempt by Apple to delay and position the case for future appeal. However, I feel that if you read the entire doc as posted on "Patently Apple" you will answer your own question as to the importance for the Judge to stamp her order DENIED as it will advance this case with a clear path to a long and well deserved favorable decision in WiLan's favor. This is IMO one of those rare cases that Apple has found itself too deep and too late in the game. Of all the cases Apple is defending at the moment - this is one I would welcome to go to trial.

WiLAN alleges that Apple has infringed upon five of their patents which include the following:

1. 8,457,145 entitled "Method and apparatus for bandwidth request/grant protocols in a wireless communication system."
2. 8,462,723 entitled "Methods and systems for transmission of multiple modulated signals over wireless networks."
3. 8,537,757 entitled "Method and system for adaptively obtaining bandwidth allocation requests."
4. 8,615,020 entitled "Method and System for Adaptively Obtaining Bandwidth Allocation Requests"
5. 8,462,761 entitled "Method and system for adaptively obtaining bandwidth allocation requests."

Wilful Infringement

WiLAN notes in their formal complaint before the court that the allegations of all foregoing paragraphs are re-alleged as fully set forth herein.

Before initiating litigation, WiLAN made substantial efforts to license Apple's use of WiLAN's advanced 4G technologies and patents used in Apple's 4G LTE mobile devices, expecting that Apple would proceed in good faith.

On June 16, 2014, WiLAN expressly provided notice to Apple that it infringes the five 4G patents-in-suit. WiLAN provided detailed information concerning the pioneering nature of Ken Stanwood's inventions that are claimed in the patents-in-suit, and explained that these fundamental inventions, which are implemented in products compliant with the 4G LTE standard, enable advanced features of Apple's 4G LTE mobile products.

On June 17, 2014, Apple responded to WiLAN's notice communication, admitting that it had not studied the patents-in-suit.

Two days later, instead of following through on its commitment to meet in order to negotiate a license, Apple filed suit against WiLAN. Given that the inventions claimed in the five 4G patents-in-suit are fundamental to implementation of products compliant with the 4G LTE standard, an objectively defined risk exists that Apple infringes the patents-in-suit. Furthermore, upon information and belief, prior to initiating suit against WiLAN, Apple did not conduct a reasonable investigation to ascertain whether it infringes the patents-in-suit.

Apple's infringement of the patents-in-suit thus occurs with knowledge of and/or objective recklessness and has been and continues to be willful and deliberate.

Apple's willful and deliberate infringement entitles WiLAN to enhanced damages.

Source: http://www.patentlyapple.com/patently-apple/2014/06/wilan-sues-apple-over-4g-technologies-while-mocking-apples-simple-inventions-and-pointing-to-steve-jobs-views-of-stealing-id.html