The two patents relate to making phone calls while simultaneously downloading data. In August 2018, a different jury said Apple infringed the patents and awarded WiLan $145 million, but a retrial was ordered to reconsider the damages.
At the January 2019 retrial, the court agreed that Apple had infringed on the patents. However, U.S. District Judge Dana Sabraw accepted Apple’s argument that the method WiLan had used to calculate the appropriate royalty rate was flawed.
Sabraw urged the Quarterhill company to accept reduced damages of $10 million or prepare for another trial to figure out how much Apple needed to pay. WiLan chose another trial.
WiLan came to the latest royalty figure of $85 million based on iPhone sales. Apple unsuccessfully argued in court papers that the Ottawa-based holding company hadn’t provided enough evidence to help the jury determine it was entitled to anything.
WiLan describes itself as “one of the most successful patent licensing companies in the world.” Apple’s legal dispute with WiLan started back in 2010, when WiLan claimed Apple violated one of its Bluetooth related products.
https://www.macrumors.com/2020/01/25/apple-to-pay-85-million-wilan-patent-infringement/