Blackberry 2010 Annual Report Download - page 45

Microsoft entered into an agreement with Prism and was dismissed from this action on September 28, 2009.
On December 2, 2009, Prism filed a complaint with the ITC against the Company alleging infringement of the
’288 Patent. The ALJ has set a trial date for August 30, 2010 and a target date for completion of the
investigation of April 5, 2011. Proceedings are ongoing.
On December 30, 2008, MSTG, Inc. (“MSTG”) filed a patent infringement lawsuit against the Company in the
United States District Court for the Northern District of Illinois alleging infringement of United States Patent
Nos. 5,920,551 (“’551”); 6,219,374; and 7,151,756. On March 18, 2009, MSTG filed an amended complaint which
added U.S. Patent Nos. 6,438,113 (“’113”) and 6,198,936 (“’936”) and four additional defendants to the suit. On
July 30, 2009, MSTG filed a second amended complaint which reduced the patents asserted against RIM to
only the ’551, ’936 and ’113 patents. The court has set a trial date for March 28, 2011. Proceedings are ongoing.
From time to time, the Company is involved in other claims in the normal course of business. The following
additional patent suits were filed against the Company since the end of fiscal 2009:
On May 5, 2009, Fractus, S.A. (“Fractus”) filed a lawsuit against the Company and eight other defendants in the
United States District Court for the ED of Texas alleging infringement of nine patents (United States Patent Nos.
7,015,868; 7,123,208; 7,148,850; 7,202,822; 7,312,762; 7,394,432; 7,397,431; 7,411,556; and 7,528,782). These patents
generally relate to antennae technology. The complaint seeks an injunction and money damages. The Court
has set a trial date of May 2, 2011. Proceedings are ongoing.
On July 27, 2009, BTG International Inc. (“BTG”) filed complaints with the U.S. ITC and the United States District
Court for the ED of Texas, Marshall Division, against Samsung Electronics Co., Ltd. and other related Samsung
companies (collectively “Samsung”) and other companies, including the Company, alleging infringement of
United States Patent Nos. 5,394,362; 5,764,571; 5,872,735 (“the ‘735 Patent”); 6,104,640 (“the ‘640 Patent”) and
6,118,692 (“the ‘692 Patent”). The patents relate generally to flash memory chips, and BTG’s infringement
allegations against RIM are based on RIM’s use of Samsung flash memory chips in certain RIM handhelds. In
the ED of Texas, BTG is seeking monetary damages, and the case has been stayed until the determination in
the ITC case becomes final. In the ITC, BTG is requesting that the ITC issue orders prohibiting RIM from
importing into the U.S. and selling in the U.S. RIM handhelds containing the flash memory chips made by
Samsung. The ALJ in the ITC case has set a trial date of June 21, 2010 and a target date for the completion of
the investigation by the ITC of February 28, 2011. On January 19, 2010, BTG filed a motion to partially terminate
the ITC case as to the ‘735, ‘640 and ‘692 Patents. The ALJ issued a determination on February 2, 2010, granting
BTG’s motion and on February 22, 2010, the ITC declined to review the ALJ’s determination, thereby making it
final. Proceedings in the ITC case are ongoing.
On August 6, 2009, Intellect Wireless filed a lawsuit against the Company, HTC, and AT&T in the United States
District Court for the Northern District of Illinois alleging infringement of U.S. Patent Nos. 7,257,210; 7,305,076;
7,310,416; and 7,266,186. The patents are generally related to wireless systems and contact data, caller
identification, and pictures. The complaint seeks money damages. Proceedings are ongoing.
On August 21, 2009, Xpoint Technologies filed a lawsuit against Research In Motion Limited, Research In Motion
Corp., and twenty-eight other defendants, in the United States District Court for the District of Delaware
alleging infringement of U.S. Patent No. 5,913,028. The patent is generally directed to data traffic delivery. The
complaint seeks an injunction and money damages. The Court has set a trial date of May 7, 2012. Proceedings
are ongoing.
On September 23, 2009, SimpleAir, Inc. filed a lawsuit against the Company and 10 other defendants in the
United States District Court for the ED of Texas alleging infringement of U.S. Patent Nos. 6,021,433; 7,035,914;
6,735,614; and 6,167,426. The patents are generally directed to the generation, processing and/or delivery of
content, notifications and updates for computing devices. The complaint seeks an injunction and money
damages. Proceedings are ongoing.
On October 23, 2009, Raylon LLC (“Raylon”) filed an Amended Complaint adding the Company and four other
defendants to an existing patent infringement suit. The original Complaint was filed on August 6, 2009 in the
United States District Court for the Eastern District of Texas alleging infringement of United States Patent
No. 6,655,589. The single patent-in-suit generally relates to traffic citation issuance. The Company and Raylon
settled on March 30, 2010 for an amount immaterial to the Consolidated Financial Statements.
On November 2, 2009, Media Digital Corporation (“Media Digital”) filed a lawsuit against the Company in the
United States District Court for the Northern District of Texas alleging infringement of U.S. Patent No. 7,130,778.
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