Blackberry 2009 Annual Report Download - page 78

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RESEARCH IN MOTION LIMITED
notes to the consolidated financial statements continued
In thousands of United States dollars, except share and per share data, and except as otherwise indicated
District of Delaware, described below, was consolidated with
this case. On December 11, 2008, Motorola’s motion to dismiss,
stay and/or transfer the proceedings was denied in full. On
January 9, 2009, Motorola filed its answer to RIM’s complaint
including three new counterclaims for infringement of U.S.
Patent Nos. 6,252,515, 5,189,389 and 5,953,413. Proceedings
are currently pending. At this time, the likelihood of damages
or recoveries and the ultimate amounts, if any, with respect
to this litigation (or any related litigation) is not determinable.
Accordingly, no amount has been recorded in these
consolidated financial statements as at February 28, 2009.
On February 16, 2008, Motorola filed a complaint
against the Company in the Marshall District Court alleging
infringement of U.S. Patent Nos. 5,157,391; 5,359,317;
5,394,140; 5,612,682; 5,764,899; 5,771,353 and 5,974,447. On
February 20, 2008, Motorola filed an amended complaint
adding U.S. Patent Nos. 5,074,684; 5,706,211; 5,958,006 and
6,101,531 to the complaint. On March 31, 2008, RIM filed a
motion to transfer Motorola’s Eastern District of Texas case
involving Motorola’s patents to the Northern District of Texas.
On October 17, 2008, the Court granted RIM’s motion to
transfer this case to the Dallas District Court. This portion of
the Motorola litigation is now closed.
On February 16, 2008, Motorola filed another complaint
in the District of Delaware against the Company seeking a
declaratory judgment of non-infringement and invalidity
related to U.S. Patent No. 5,664,055 and 5,699,485 assigned
to RIM as well as U.S. Patent No. 6,611,254, 6,661,255 and
6,919,879. On February 20, 2008, the complaint was amended
to include RIM’s U.S. Patent No. 6,278,442; 6,452,588; 6,489,950
and 7,227,536. On March 31, 2008, RIM filed a motion to
transfer Motorola’s District of Delaware case involving RIM’s
patents to the Dallas District Court. On April 10, 2008, RIM
filed its answer and counterclaims to Motorola’s amended
complaint. Motorola filed its reply to RIM’s counterclaims on
April 30, 2008. On August 26, 2008, the Court granted RIM’s
motion to transfer this case to the Dallas District Court. This
portion of the Motorola litigation is now closed.
On January 6, 2009, Motorola filed a claim in the
United Kingdom against the Company for infringement of
European patents EP (UK) 0 818 009 (the “’009 patent”), EP
(UK) 0 378 775 (the “’775 patent”), EP (UK) 0 551 289 (the
“’289 patent”), and EP (UK) 0 932 320 (the “’320 patent”).
an injunction and monetary damages. On January 22, 2008,
Minerva filed a second complaint in the Marshall District
Court against the Company alleging infringement of U.S.
Patent No. 7,321,783 and seeking an injunction and monetary
damages. RIM answered the first Complaint on January 28,
2008 and the second Complaint on March 14, 2008. On
December 1, 2008, RIM’s motion to consolidate the two
cases was granted. At this time, the likelihood of damages or
recoveries and the ultimate amounts, if any, with respect to
this litigation is not determinable. Accordingly, no amount has
been recorded in these consolidated financial statements as
at February 28, 2009.
On October 18, 2007, Saxon Innovations, LLC, filed a
complaint in the United States District Court for the Eastern
District of Texas, Tyler Division, against the Company and
thirteen other defendants alleging infringement of U.S.
Patents Nos. 5,592,555, 5,771,394, 5,502,689, and 5,247,621
and seeking an injunction and monetary damages. RIM’s
answer was filed on March 5, 2008. A trial date has been
set for May 2010. At this time, the likelihood of damages or
recoveries and the ultimate amounts, if any, with respect to
this litigation is not determinable. Accordingly, no amount has
been recorded in these consolidated financial statements as
at February 28, 2009.
On February 16, 2008, the Company filed a complaint in
the Dallas District Court against Motorola alleging breach
of contract, antitrust violations, patent infringement of U.S.
Patent No. 5,664,055; 5,699,485; 6,278,442; 6,452,588; 6,489,950;
6,611,254, 6,661,255; 6,919,879 and 7,227,536 and seeking a
declaratory judgment of non-infringement and invalidity
against Motorola U.S. Patent Nos. 5,359,317; 5,074,684;
5,764,899; 5,771,353; 5,958,006; 5,706,211 and 6,101,531.
On February 21, 2008, RIM filed a second complaint in the
Dallas District Court seeking a declaratory judgment of
non-infringement and invalidity of Motorola U.S. Patent No.
5,157,391; 5,394,140; 5,612,682 and 5,974,447. On April 10, 2008,
Motorola filed a motion to dismiss RIM’s antitrust and
contract claims or, in the alternative, to bifurcate and stay
RIM’s antitrust and contract claims until the resolution of the
co-pending patent claims. Motorola also asked the Court
to dismiss, stay and or transfer to the Eastern District of
Texas RIM’s declaratory judgment claims against Motorola’s
patents. Pleadings on this motion closed on June 2, 2008. On
September 19, 2008, the previously transferred case from the