Blackberry 2012 Annual Report Download - page 43

On May 13, 2010, FlashPoint filed a complaint with the U.S. International Trade Commission (“ITC”) against the Company, as well
as three other defendants, alleging infringement of U.S. Patent Nos. 6,134,606; 6,163,816; and 6,262,769. These patents are generally
directed to digital camera and imaging technologies. The ITC set the trial for April 7-13, 2011. The initial determination was
scheduled to be provided on July 13, 2011 and the target date for completion of the investigation was November 14, 2011. The
Company and FlashPoint settled all outstanding litigation on March 30, 2011 for an amount immaterial to the Consolidated Financial
Statements.
On June 20, 2008, St. Clair Intellectual Property Consultants, Inc. (“St. Clair”) filed a patent infringement lawsuit against the
Company and other defendants in the U.S. District Court for 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. On
October 31, 2011, the Court held a hearing to address summary judgment motions filed by both sides. Proceedings are ongoing.
On November 16, 2010, St. Clair filed a second complaint against the Company and other defendants in the District of Delaware. The
patents in suit include U.S. Patent Nos. 5,630,163; 5,710,929; 5,758,175; 5,892,959; 6,079,025 and 5,822,610. These patents are
generally directed to power management. The complaint seeks an injunction and money damages. The claim construction hearing was
held on December 16, 2011, and the trial will begin sometime after November 9, 2012. Proceedings are ongoing.
On October 31, 2008, Mformation Technologies, Inc. filed a patent infringement lawsuit against the Company in the U.S. District
Court for 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. A claim construction hearing was held on November 20, 2009. On
February 26, 2010, the Court issued a claim construction order. A trial date was set for September 2011, but then later vacated. On
August 31, 2011, the Court requested additional claim construction briefings. The Court held a hearing on September 26, 2011 for
oral argument on the additional claim construction as well as motions for summary judgment and then took the issues under
advisement. On December 19, 2011, the Court issued an order on the parties’ summary judgment motions and the additional claim
construction. Jury selection is set for June 14, 2012, with trial to begin on June 19, 2012. Proceedings are ongoing.
On November 17, 2008, Spansion, Inc. and Spansion LLC (“Spansion”) filed a complaint with the 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 (“the ‘029 Patent”); 6,080,639
(“the ‘639 Patent”); 6,376,877 (“the ‘877 Patent”) and 5,715,194 (“the ‘194 Patent”). The patents relate generally to flash memory
chips. The complaint did not seek monetary damages, but requests that the ITC issue orders prohibiting RIM products containing
certain flash memory chips made by Samsung from being imported into the U.S. and sold in the U.S. On March 16, 2010 and April 7,
2010, the administrative law judge (“ALJ”) presiding over the case granted consent motions from Spansion to terminate the ITC
investigation in part as to the ‘029 Patent and the ‘639 Patent, respectively, thereby leaving only two patents remaining in the case.
From May 3, 2010 to May 14, 2010, a trial was held regarding the ‘877 Patent and the ‘194 Patent. On October 22, 2010, the ALJ
issued his initial determination finding no violation. On December 23, 2010, the ITC decided not to review the ALJ’s initial
determination, thereby letting stand the ALJ’s finding of no violation. The investigation has been terminated.
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