Blackberry 2012 Annual Report Download - page 46

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. On
August 15, 2011, the case was transferred from the Eastern District of Texas to the Western District of Texas (Austin Division),
where a lawsuit involving the same patents is currently pending against a number of parties, including Cambridge Silicon Radio
Limited (“CSR”). On December 15, 2011, the Court issued an order requiring Bandspeed to amend its complaint to identify all
allegedly infringing products, and allow possible impleader of other chip manufacturers or suppliers. On January 24, 2012, the Court
issued an order setting the deadline for impleader to February 23, 2012. However, no other chip manufacturers or suppliers were
impleaded. The trial is currently scheduled to begin January 13, 2013, involving Bandspeed and CSR only. Dates for claim
construction and the trial have not yet been set with respect to any other defendant, including the Company. 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 was held on
January 5, 2012, and trial is scheduled to begin October 1, 2012. On February 8, 2012 Magistrate Judge Love issued his report and
recommendation on claim construction. Proceedings are ongoing.
On September 23, 2010 EON filed suit in the U.S. District Court for the District of Delaware against the Company and 16 other
defendants alleging infringement of U.S. Patent No. 5,663,757. This patent is generally directed to software controlled multi-mode
interactive TV. The complaint seeks an injunction and money damages. The claim construction hearing is scheduled for May 3, 2013,
and trial is scheduled to begin August 12, 2013. 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
injunction and monetary damages. The claim construction hearing was scheduled for November 10, 2011, and trial was scheduled to
begin June 4, 2012. Subsequently, the case was transferred from the Eastern District of Texas to the Northern District of Texas
(Dallas Division). The Dallas Court issued a scheduling order stating that it does not intend to hold a Markman hearing and set a trial
date in March 2013. Proceedings are ongoing.
On September 7, 2010, Wordcheck Tech LLC filed a lawsuit against the Company as well as over 40 other defendants in the U.S.
District Court for Eastern District of Texas (Tyler Division) asserting infringement of U.S. Patent No. 6,782,510. The patent is
generally directed to a word checking tool. The complaint seeks an injunction and monetary damages. The claim construction hearing
is scheduled for September 6, 2012, and trial is scheduled to begin July 8, 2013. The Company and Wordcheck settled all outstanding
litigation on November 2, 2011 for an amount immaterial to the Consolidated Financial Statements.
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