BACKGROUND

This case is the second assigned to this Court involving these parties. In the first

case, Wi-Lan alleges Apple is infringing its United States Patents Number 8,311,040

(“the ‘040 Patent”) and 8,315,640 (“the ‘640 Patent”). During the pendency of that

case, Apple filed the present case against Wi-Lan in the United States District Court for

the Northern District of California seeking a declaratory judgment of non-infringement,

invalidity and unenforceability of Wi-Lan’s United States Patents Numbers 8,457,145

(“the ‘145 Patent”), 8,462,723 (“the ‘723 Patent”), 8,462,761 (“the ‘761 Patent”),

8,615,020 (“the ‘020 Patent”), 8,537,757 (“the ‘757 Patent”) and 6,745,259 (“the ‘259

Patent”). In response to that Complaint, Wi-Lan filed a motion to sever, dismiss and

transfer the case to this Court. That court granted the motions to sever and transferred

the case between Apple and Wi-Lan to this Court. That court also granted Wi-Lan’s

motion to dismiss Apple’s claim for unenforceability due to unclean hands, and granted

Apple leave to amend that claim in a Second Amended Complaint. Apple filed its

Second Amended Complaint in this Court on September 18, 2014, in which it realleged

its claim for unenforceability due to unclean hands. In response, Wi-Lan filed the

present motion.

A declaration that the Patents-in-Suit are

unenforceable, however, is not one of them.

CONCLUSION AND ORDER

For these reasons, the Court grants Wi-Lan’s motion to dismiss.

To read the court discussion please refere to https://docs.rpxcorp.com/lits/527/37011/casdce-454261.pdf?Signature=IDmfozp7uS59fxVAq30BiEVJcpo%3D&Expires=1418658174&AWSAccessKeyId=AKIAI2UWKALIEYBVOKDA