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Wi-LAN Inc. v. LG Elecs., Inc.

United States District Court for the Southern District of California

April 12, 2019, Decided; April 12, 2019, Filed

Case No.: 18-cv-01577-H-BGS

Opinion

 [*1018]  ORDER:

(1) DENYING PLAINTIFFS' RULE 12(c) MOTION TO DISMISS DEFENDANTS' ANTITRUST AND UNFAIR COMPETITION COUNTERCLAIMS; AND

[Doc. No. 56.]

(2) GRANTING PLAINTIFFS' RULE 12(c) MOTION TO DISMISS DEFENDANTS' UNENFORCEABILITY COUNTERCLAIM

[Doc. No. 61.]

On February 1, 2019, Plaintiffs Wi-LAN Inc., Wi-LAN USA, Inc., and Wi-LAN Labs, Inc. filed a motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) to dismiss Defendants LG Electronics, Inc., LG Electronics U.S.A., Inc., and LG Electronics Mobilecomm U.S.A., Inc.'s antitrust and unfair competition counterclaims. (Doc. No. 56.) On February 22, 2019, LG filed its response in opposition to Wi-LAN's motion related to its antitrust and unfair competition counterclaims. (Doc. No. 60.) On March 1, 2019, Wi-LAN filed its reply. (Doc. No. 62.)

On February 27, 2019, Plaintiffs filed a motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) to dismiss LG's infectious unenforceability counterclaim. (Doc. No. 61.) On March 25, 2019, LG filed its response in opposition to Wi-LAN's motion related to its infectious [**3]  unenforceability counterclaim. (Doc. No. 74.) On April 1, 2019, Wi-LAN filed its reply. (Doc. No. 75.)

On April 3, 2019, the Court took Wi-LAN's motion to dismiss LG's antitrust and unfair competition counterclaims under submission. (Doc. No. 76.) On April 8, 2019, the Court held a hearing on Wi-LAN's  [*1019]  motion to dismiss LG's infectious unenforceability counterclaim. Victor M. Felix and Christopher M. First appeared for Wi-LAN. Richard D. Harris appeared for LG. For the reasons below, the Court denies Wi-LAN's motion to dismiss LG's antitrust and unfair competition counterclaims, and the Court grants Wi-LAN's motion to dismiss LG's infectious unenforceability counterclaim.

Background

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382 F. Supp. 3d 1012 *; 2019 U.S. Dist. LEXIS 63654 **; 2019-1 Trade Cas. (CCH) P80,729; 2019 WL 1586761

WI-LAN INC.; WI-LAN USA, INC.; and WI-LAN LABS, INC., Plaintiffs, v. LG ELECTRONICS, INC.; LG ELECTRONICS U.S.A., INC; and LG ELECTRONICS MOBILECOMM U.S.A., INC., Defendants.

Subsequent History: Later proceeding at Wi-Lan Inc. v. Lg Elecs., 2019 U.S. Dist. LEXIS 160231 (S.D. Cal., May 23, 2019)

Partial summary judgment denied by Wi-LAN Inc. v. LG Elecs., Inc., 2019 U.S. Dist. LEXIS 89217 (S.D. Cal., May 28, 2019)

Motion denied by Wi-LAN Inc. v. LG Elecs., Inc., 2019 U.S. Dist. LEXIS 165980 (S.D. Cal., Sept. 25, 2019)

Prior History: Wi-Lan Inc. v. LG Elecs., Inc., 2018 U.S. Dist. LEXIS 228294 (S.D. Cal., Dec. 4, 2018)

CORE TERMS

counterclaim, patent, monopolization, antitrust, unenforceability, technologies, inequitable, unfair, anticompetitive, patents-in-suit, infectious, inventor, monopoly, bifurcate, notice, misrepresentation, deceive, declaratory, Wireless, scenarios