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77
“‘447 Patent”) and 6,400,471 (the “‘471 Patent”). Only the ‘447
Patent and the ‘471 Patent have been asserted against RIM.
The complaint seeks an injunction and monetary damages.
On May 20, 2008, the Company filed a lawsuit in Italy
against IPCom GmbH (“IPCom”) for declaratory judgment
of invalidity of several IPCom patents. On May 21, 2008,
the Company filed a lawsuit in the U.K. against IPCom
for declaratory judgment of invalidity of several claimed
standards-essential IPCom patents. On May 27, 2008, the
Company filed a lawsuit in the U.S. District Court for the
Northern District of Texas against IPCom for declaratory
judgment of non-infringement and invalidity of several
IPCom patents. On May 23, 2008, IPCom filed suit against the
Company for infringement of four claimed standards essential
German and European patents in the Hamburg, Germany
court. On August 8, 2008, the parties agreed to withdraw and
terminate their respective European actions.
On June 20, 2008, St. Clair Intellectual Property
Consultants, Inc. filed a patent infringement lawsuit
against the Company and other defendants in the District
of Delaware. The patents-in-suit include U.S. Patent Nos.
5,138,459, 6,094,219, 6,233,010 and 6,323,899. These patents
are generally directed to image processing in digital cameras.
The court has set a trial date for June 14, 2010. The complaint
seeks an injunction and monetary damages.
On July 29, 2008, Stragent, LLC filed a patent infringement
lawsuit against the Company in the Marshall District Court
alleging infringement of U.S. Patent No. 6,665,722. This
patent relates to web browsing. The Texas Court has set a
trial date for March 2011. The complaint seeks an injunction
and monetary damages.
On July 30, 2008, WIAV Solutions, LLC (“WIAV”) filed a
patent infringement lawsuit against the Company and other
defendants in the Eastern District of Virginia. The patents-
in-suit include: 6,256,606; 7,120,578; 6,275,794; 6,507,814;
7,266,493; 6,633,841; 6,104,992; 6,385,573; 6,539,205; 6,680,920.
These patents are generally related to speech codecs. On
September 26, 2008, WIAV dismissed the original lawsuit
and filed another patent infringement lawsuit against the
Company and other defendants naming the same patents.
On January 26, 2009, WIAV dismissed the September 26, 2008
lawsuit and filed a third patent infringement lawsuit against
the Company naming the same patents. The complaint seeks
an injunction and monetary damages.
Motorola’s claim was filed as a counterclaim in response
to the Company’s filing of a declaratory judgment seeking
to invalidate Motorola’s ‘009 patent. A case management
conference was held on January 12, 2009 at which the judge
set a hearing date for on or about January 11, 2010 for the
’009 patent and the ’320 patent, both of which are system
patents, and another hearing date for on or about March 1,
2010 for the ’775 patent and the ’289 patent, both of which are
handset patents. Proceedings are currently pending.
A case management conference was held on March 20,
2009, in relation to the case filed in the United Kingdom by
TIP Communications, LLC, a wholly-owned indirect subsidiary
of the Company, for infringement of EP (UK) 0 742 989. A
second case management conference is scheduled for April
8, 2009. On March 10, 2009, TIP Communications, LLC filed a
lawsuit in the Northern District of Texas against Motorola for
infringement of U.S. Patent No. 5,956,329.
From time to time, the Company is involved in other claims
in the normal course of business. The following additional
patent suits were filed by the Company or against the
Company since the end of fiscal 2008:
On March 6, 2008, Aloft Media LLC (“Aloft”) filed a
complaint against the Company and 12 other parties in the
Marshall District Court alleging infringement of U.S. Patent
No. 7,330,715. This patent generally relates to transferring
contact information using a cell phone. The Texas Court
has set a trial date for October 2010. On July 29th, 2008,
Aloft filed a second patent infringement lawsuit against the
Company in the Eastern District of Texas (Marshall Division).
The single patent in suit is U.S. Patent No. 7,305,625 entitled
“Data Networking system and Method for Interface a User.”
The Texas Court has set a trial date for March 2011. The
complaints seek an injunction and monetary damages.
On March 7, 2008, FlashPoint Technology Inc.
(“FlashPoint”) filed a patent infringement lawsuit against the
Company and 14 other parties in the District of Delaware. The
patents-in-suit include U.S. Patent Nos. 6,118,480, 6,177,956,
6,222,538, 6,223,190 (the “‘190 Patent”), 6,249,316, 6,486,914
and 6,504,575. These patents are generally directed to
digital camera and imaging technologies. On May 31, 2008,
FlashPoint dismissed its complaint as to 6 of the 7 patents-
in-suit, leaving only the ‘190 Patent in the litigation against
RIM. On February 6, 2009, FlashPoint filed an amended
complaint adding U.S. Patent Nos. 5,903,309, 6,278,447 (the