WiLAN Provides Litigation Update

OTTAWA, Canada – May 22, 2015 – WiLAN (TSX:WIN) (NASDAQ:WILN) today provided an update on ongoing litigation.

On October 2, 2013, WiLAN announced that the company had commenced two separate litigations against Alcatel-Lucent USA Inc. (“Alcatel-Lucent”) and against Ericsson, Inc. (“Ericsson”), among other parties, claiming infringement of WiLAN's U.S. Patent Nos. 8,229,437, 8,027,298 and 8,249,014 related to LTE technologies.

Alcatel-Lucent has signed a license and settlement agreement to resolve this litigation. The litigation involving remaining defendant, Ericsson, is being tried in the U.S. District Court for the Southern District of Florida. In March 2015, Ericsson moved for summary judgment on non-infringement and invalidity defenses.

Today, Judge Donald M. Middlebrooks issued a ruling that grants Ericsson’s motion for summary judgment on the three patents at issue. The Court ruled that two of the patents were not infringed by Ericsson and the third patent was invalid. The trial in the case, which was previously scheduled to commence on May 26, 2015, has been cancelled. In this ruling, the Judge did agree with WiLAN that no most favoured licensee provisions apply to the three patents.

WiLAN is currently reviewing the ruling with trial counsel, Tensegrity Law Group LLP. The preliminary view of trial counsel is there are grounds to appeal this ruling to the United States Court of Appeals for the Federal Circuit.

The case remains before the courts and it is WiLAN’s policy not provide commentary on cases that are before the courts.