Blackberry 2012 Annual Report Download - page 224

Research In Motion Limited
Management’s Discussion and Analysis of Financial Condition and Results of Operations
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
sought an injunction and monetary damages. The Court issued a claim construction order on November 9, 2010. The Company and
Fractus settled on April 6, 2011 for an amount immaterial to the Consolidated Financial Statements.
On August 21, 2009, Xpoint Technologies (“Xpoint”) 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 sought an injunction and monetary damages. The Company and Xpoint settled on April 4, 2011
for an amount immaterial to the Consolidated Financial Statements.
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 occurred on June 17, 2011, and the trial is
scheduled to begin on December 5, 2011. The Court issued its Markman decision on September 2, 2011. On October 27, 2011, the
Court continued the trial date, setting it for April 23, 2012. Proceedings are ongoing.
On November 23, 2009, Klausner Technologies Inc. (“Klausner”) filed a lawsuit against the Company and Motorola in the United
States District Court for the Eastern District of Texas (Tyler Division) 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 money damages. Klausner
served the Company on March 23, 2010. Proceedings are ongoing.
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 sought 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. The Company and Smartphone settled all outstanding litigation on August 1, 2011 for an amount immaterial to the
Consolidated Financial Statements.
On March 31, 2010, MobileMedia Ideas LLC (“MMI”) 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
complaint seeks an injunction and monetary damages. The claim construction hearing was scheduled for January 11, 2012, and trial
was scheduled to begin July 12, 2012. On August 30, 2011, the case was transferred from the Eastern District of Texas to the
Northern District of Texas (Dallas). On November 4, 2011, MMI filed an amended complaint in the Northern District of Texas,
alleging infringement of four additional patens: U.S. Patent Nos. 5,490,170; 6,049,796; 6,871,048; and, 6,441,828. The amended
complaint seeks an injunction, money damages and other relief that the Court may deem proper under the circumstances. Proceedings
are ongoing.
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