Blackberry 2011 Annual Report Download - page 50

Commission review on February 7, 2011. The Company also filed a contingent petition for review on February 7, 2011. The petitions for
review filed by Kodak, the ITC Staff and the Company were granted on March 25, 2011. Proceedings are ongoing.
On May 5, 2009, Fractus, S.A. (“Fractus”) filed a lawsuit against the Company and eight other defendants in the U.S. District Court
for the Eastern District of Texas alleging infringement of nine patents (U.S. 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 monetary damages. The Court issued a claim construction order on November 9, 2010. The jury selection for
trial is scheduled for May 2, 2011. Proceedings are ongoing.
On August 21, 2009, Xpoint Technologies filed a lawsuit against the Company and twenty-eight other defendants, in the U.S. 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 monetary 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 ten other defendants in the U.S. District Court for
the Eastern District 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 monetary damages. The claim construction hearing is scheduled for June 15, 2011, and the trial is
scheduled to begin on December 5, 2011. Proceedings are ongoing.
On November 23, 2009, Klausner Technologies Inc. (“Klausner”) filed a lawsuit against the Company and one other defendant in
the U.S. District Court for the Eastern District of Texas alleging infringement of U.S. Patent Nos. 5,572,576 and 5,283,818. The patents
are generally directed to visual voice mail. The complaint seeks an injunction and monetary damages. Klausner served RIM on
March 23, 2010. 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 2010:
On March 3, 2010, Smartphone Technologies LLC (“Smartphone”) filed a lawsuit against the Company and 12 other defendants in
the U.S. District Court for the Eastern District of Texas alleging infringement of U.S. Patent Nos. 6,950,645; 7,076,275; 5,742,905;
7,506,064; 6,533,342; 6,711,609 and RE40,459. On October 15, 2010, Smartphone amended its complaint alleging infringement of
three additional patents U.S. Patent Nos. 6,505,215; 6,728,786 and 7,693,949. The patents are generally directed to phone features
relating to dialing and background task management, device power management, telephonic and data networking, displaying Internet
content, and synchronization. The complaint seeks an injunction and monetary damages. During a scheduling conference held on
September 7, 2010, the Markman hearing was scheduled for September 8, 2011 and the jury selection for trial was set for March 5,
2012. Proceedings are ongoing.
On March 31, 2010, MobileMedia Ideas LLC filed a lawsuit against the Company in the U.S. District Court for the Eastern District of
Texas (Marshall Division) alleging infringement of U.S. Patent Nos. 5,479,476; 5,845,219; 6,055,439; 6,253,075; 6,427,078;
RE.39231; 5,732,390; 5,737,394; 6,070,068; 6,389,301; 6,446,080; and 7,349,012. The patents are generally directed to mobile
telephone technologies including mobile telephone user interfaces, call control, speech signal transmission and imaging. The claim
construction hearing is scheduled for January 11, 2012, and trial is scheduled to begin July 12, 2012. The complaint seeks an
injunction and monetary damages. Proceedings are ongoing.
On June 30, 2010, Bandspeed Inc. filed a lawsuit against the Company as well as 36 other defendants in the U.S. District Court for
the Eastern District of Texas (Marshall Division) alleging infringement of U.S. Patent Nos. 7,027,418 and 7,570,614. The patents are
generally directed to a method for selecting communication channels using frequency hopping. The complaint seeks an injunction and
monetary damages. The claim construction hearing is scheduled for October 23, 2012, and trial is scheduled to begin July 1, 2013.
Proceedings are ongoing.
On August 4, 2010, EON Corporation IP Holdings LLC (“EON”) filed a lawsuit against the Company as well as 16 other defendants
in the U.S. District Court for the Eastern District of Texas (Tyler Division) alleging infringement of U.S. Patent No. 5,592,491. The patent
is generally directed to a two-way communication network and a method for communicating between subscriber units and a local base
station repeater cell. The complaint seeks an injunction and monetary damages. The claim construction hearing is scheduled for
January 5, 2012, and trial is scheduled to begin October 1, 2012. Proceedings are ongoing.
On September 2, 2010, Innovative Sonic Limited filed suit against the Company in the U.S. District Court for Eastern District of
Texas (Tyler Division) asserting infringement of U.S. Patent Nos. 6,925,183; RE 40,077; and 7,436,795. The patents are generally
directed to window based polling and timing as well as security keys in a wireless communication system. The complaint seeks an
RESEARCH IN MOTION ANNUAL REPORT 2011 37