Blackberry 2010 Annual Report Download - page 44

the Court granted RIM’s motion to stay this case and transferred the case to the Dallas District Court. This
portion of the Motorola litigation is now closed.
On January 22, 2010, Motorola filed a complaint with the U.S. International Trade Commission (“ITC”) against
the Company alleging infringement of U.S. Patent Nos. 5,359,317; 5,319,712; 6,232,970; 6,272,333 and 5,569,550. On
February 18, 2010, the ITC sent a Notice of Investigation, which was published in the Federal Register on
February 24, 2010. On March 1, 2010, the Administrative Law Judge (“ALJ”) set a trial date of November 29
through December 9, 2010 and a target date for completion of the investigation by the ITC of June 24, 2011.
The date set for the issuance of the Initial Determination is February 24, 2011. Proceedings are still pending.
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 “’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 December 17, 2009, the Court stayed the entire
litigation pending completion of all re-examinations of the patents-in-suit.
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 September 7, 2010. The complaint seeks an injunction and
monetary damages. Proceedings are ongoing.
On October 31, 2008, Mformation Technologies, Inc. filed a patent infringement lawsuit against the Company in
the Northern District of California. The patents-in-suit include U.S. Patent Nos. 6,970,917 and 7,343,408. These
patents are generally directed to remote device management functionality. The complaint seeks an injunction
and monetary damages. On February 26, 2010, the Court issued a claim construction order. No trial date has
been set. Proceedings are ongoing.
On November 17, 2008, Spansion, Inc. and Spansion LLC (“Spansion”) filed a complaint with the U.S. ITC
against Samsung Electronics Co., Ltd. and other related Samsung companies (collectively “Samsung”) and
other proposed respondents, including the Company, who purchase flash memory chips from Samsung,
alleging infringement of U.S. Patent Nos. 6,380,029; 6,080,639; 6,376,877 and 5,715,194. The ALJ has set a trial
date of May 3, 2010 and a target date for completion of the investigation by the ITC of January 18, 2011.
Proceedings are ongoing.
On November 20, 2008, the Company filed a lawsuit for declaratory judgment of non-infringement, invalidity
and unenforceability against four Eastman Kodak (“Kodak”) patents in the Dallas District Court. The
patents-in-suit include U.S. Patent Nos. 5,493,335, 6,292,218 (“the ’218 Patent”) and 6,600,510 which are generally
directed to digital camera technologies and U.S. Patent No. 5,226,161 which is directed to data sharing in
applications. Kodak counterclaimed for infringement of these same patents seeking an injunction and
monetary damages. The trial is scheduled for December, 2010. On January 14, 2010, Kodak filed a complaint
with the ITC against the Company, and Apple Inc. alleging infringement of the ’218 Patent. The ALJ has set a
trial date of September 1, 2010 and a target date for completion of the investigation by the ITC of May 23, 2011.
Proceedings are ongoing.
On December 29, 2008, Prism Technologies, LLC (“Prism”) filed a complaint against the Company and
Microsoft Corporation in the United States District Court for the District of Nebraska. The single patent in suit is
US Patent No. 7,290,288 (“the ’288 Patent”). The court has rescheduled the trial date to January 28, 2011.
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