Patent Claims of Apple Foe Revived by Judge

     MARSHALL, Texas (CN) - A jury that cleared Apple of infringement claims improperly found that two claims of a Wi-Lan patent were invalid, a federal judge ruled.
     U.S. Patent No. RE37,802 "deals with the field of multiple access communications using spread spectrum modulation," according to the U.S. Patent and Trademark Office.
     Wi- Lan claimed in a 2011 lawsuit that Apple infringed on its '802 patent "by using certain industry standards in the field of wireless technology."
     A jury found in October 2013 that Apple was not infringing and that claims 1 and 10 of Wi-Lan's patent are invalid. The patent has 40 total claims.
     U.S. District Judge Rodney Gilstrap vacated part of that unanimous verdict Thursday, saying the invalidity finding was not based on enough evidence.
     "The court is unable to find that the jury's finding as to invalidity of claims 1 and 10 of the '802 patent is supported by substantial evidence," Gilstrap wrote. "Accordingly, the jury's invalidity verdict cannot stand."
     Apple needed "to prove invalidity by clear and convincing evidence" but "no evidence was presented of complex multipliers in the prior art," the 16-page opinion states.
     Claim one of Wi-Lan's patent describes "a transceiver for transmitting a first stream of data symbols," and claim 10 explains "means for receiving a sequence of modulated data symbols."
     Though Gilstrap vacated the judgment as to the validity of claims 1 and 10, he denied all other aspects of Wi- Lan's motion for judgment as a matter of law.
     Wi- Lan and Apple are also fighting over patents in San Diego.