Blackberry 2010 Annual Report Download - page 43

District (“ED”) 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 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. On March 10, 2009, TIP Communications, LLC, a wholly-owned indirect subsidiary of the Company,
filed a complaint against Motorola in the Dallas District Court for infringement of U.S. Patent No. 5,956,329. On
June 15, 2009, the Court granted RIM’s motion to stay this case as to the patents that are currently in re-
examination in the United States Patent & Trademark Office. On October 14, 2009, Motorola added three new
counterclaims for infringement of U.S. Patent Nos. 5,430,436; 6,807,317 and 6,636,223. On November 9, 2009, the
Court entered an order staying each of the actions and ordering mediation. On January 29, 2010, Motorola
filed a motion to re-open the pending lawsuits and lift the stay that is pending before the Court. On March 23,
2010 the Dallas District entered the stay on the four patents transferred from Illinois and pending in the ITC
(i.e., U.S. Patent Nos. 5,319,712; 6,232,970; 6,272,333 and 5,569,550). On March 31, 2010 the case was re-assigned to
another Judge for coordination with the other pending Dallas District Court cases and the file was closed.
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 the Consolidated Financial Statements as at February 27, 2010.
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 ED of Texas case
involving Motorola’s patents to the Dallas District Court. 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 complaint 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”). 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 Motorola system patents, and
another hearing date for on or about March 1, 2010 (subsequently changed to November 15, 2010) for the ’775
patent and the ’289 patent, both of which are Motorola handset patents. On January 13, 2010, the Motorola
system patents case went to trial and on February 3, 2010, the Court found one of the two patents-in-suit invalid
and not infringed. Motorola subsequently surrendered the second patent-in-suit thereby completing the Motorola
system patents portion of the lawsuit. For the handset patents-in-suit 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 was held on April 8, 2009. The Judge had set and
then subsequently changed the trial date to begin on June 14, 2010.
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.
On January 22, 2010, Motorola filed a lawsuit against the Company in the United States District Court for the
Northern District of Illinois alleging infringement of U.S. Patent Nos. 5,319,712; 6,232,970; 6,272,333 and 5,569,550.
On February 10, 2010, RIM filed a motion to transfer Motorola’s Northern District of Illinois case involving
Motorola’s patents to the Dallas District Court. On February 25, 2010, RIM filed a motion to stay the
proceedings in the Northern District of Illinois pending the outcome of the ITC proceedings. On March 8, 2010,
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