A judge in the Eastern District of Texas in the U.S. Federal Court granted summary judgment in favor of CSIRO Tuesday with regard to the patent's validity, according to the CSIRO.

Davis also granted summary judgment that the defendant, Buffalo Technology, had infringed CSIRO's patent.

CSIRO chief executive Dr Geoff Garrett said the summary judgment is an important win because the judge has "supported CSIRO's position comprehensively."

"We are obviously very pleased; however, it is only a brick in the wall [and] CSIRO still has a long way to go," Garrett said in a statement.

Garrett said the market for wireless LAN (WLAN) products is large and growing, and many manufacturers are using CSIRO's technology without permission or any licence fee.