Avalon RF has dismissed with prejudice all claims against WiFi Wireless in exchange for an agreement that the latter would not sue Avalon for malicious prosecution.
The dismissal did not include payment of any kind by WiFi Wireless. This ended all cases that were initiated by Avalon in 2006.
In a 2009 trial, a jury awarded damages to Avalon in the amount of $ 3.2 million. The trial court overturned the jury’s ruling and granted WiFi a new trial on all issues for two legal reasons: (1) irregularity in the proceedings of the adverse party by which WiFi was prevented from having a fair trial and (2) accident or surprise that WiFi ordinary prudence was not safeguarded.
Avalon appealed the trial court order granting a new trial. In February 2011, the Court of Appeals affirmed the new trial order, concluding that there was no ground on which to challenge the trial court finding and award WiFi its costs on appeal.
In March 2011, the court denied Avalon’s petition for rehearing and sent it for review by the Supreme Court of California. This was denied in May 2011, resulting in the case being returned to the trial court. The case was set for trial on October 3, 2011 but Avalon opted to withdraw all its charges.
