AValon RF, Inc. v. WiFi Wireless, Inc. Litigation Voluntarily Dismissed


ALISO VIEJO, CA--(Marketwire - Oct 11, 2011) - WiFi Wireless, Inc. (PINKSHEETS: WFWL) announced that, during a pretrial conference on September 30, 2011, AValon RF, Inc. dismissed with prejudice all claims against WiFi Wireless, Inc. in exchange for an agreement that WiFi Wireless, Inc. would not sue AValon RF, Inc. for malicious prosecution. The dismissal did not include a payment of any kind by WiFi Wireless, Inc. AValon RF, Inc. dismissal, effective October 3, 2011, brings an end to this litigation, which AValon RF, Inc. initiated in 2006.

In a 2009 trial, a jury found for AValon on its claims against WiFi and awarded damages in the amount of $3.2 million. In August 2009, the trial court vacated the jury award in its entirety 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 could not have guarded against. AValon appealed the trial court order granting a new trial. In February 2011, the court of appeal affirmed the new trial order, concluding that there was no ground on which to challenge the trial court finding and awarding WiFi its costs on appeal. In March 2011, the court of appeal denied AValon's petition for rehearing. AValon petitioned for review with the Supreme Court of California, which was denied in May 2011, resulting in the case return to the trial court. The case was set for trial on October 3, 2011 when AValon dismissed it with prejudice.

WiFi Wireless, Inc. (www.wifiwirelessinc.com)

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