Blackberry 2012 Annual Report Download - page 49

On March 30, 2011, H-W Technology L.C. (“H-
W
”) filed a lawsuit against the Company as well as nineteen other defendants in the
U.S. District Court for the Northern District of Texas (Dallas Division) asserting infringement of U.S. Patent No. 7,525,955 generally
relating to technologies involving converging data and voice services. The complaint seeks an injunction and money damages. The
Company and H-W settled all outstanding litigation on February 16, 2012 for an amount immaterial to the Consolidated Financial
Statements.
On April 19, 2011, Hybrid Audio LLC filed a lawsuit against the Company as well as seven other defendants in the U.S. District
Court for the Eastern District of Texas (Tyler Division) asserting infringement of U.S. Patent No. Re: 40,281 which is generally
directed to MPEG-1 Layer III technology. The complaint seeks an injunction and money damages. The claim construction hearing is
scheduled for June 6, 2012 and the trial is scheduled to begin June 3, 2013. Proceedings are ongoing.
On May 13, 2011, MyPort IP, Inc. (“MyPort”) filed a lawsuit against the Company as well as six other defendants in the U.S. District
Court for the Eastern District of Texas (Tyler Division) asserting infringement of U.S. Patent No. 7,778,440 which is generally
directed to a forensic communication method. The complaint seeks money damages. The Company and MyPort settled all
outstanding litigation on January 12, 2012 for an amount immaterial to the Consolidated Financial Statements.
On June 15, 2011, Dolby International AB (“Dolby”) filed a lawsuit against the Company in the U.S. District Court for the Northern
District of California asserting infringement of U.S. Patent Nos. 6,978,236; 7,003,451; 7,382,886; 7,469,206; and 7,590,543 which
are generally relate to High Efficiency Advanced Audio Coding (HE AAC) technologies. The complaint seeks money damages and
other relief as is just and proper. Dolby also filed a companion case in Germany. On August 2, 2011, the Company and a subsidiary o
f
Dolby, Via Licensing Corporation, entered into a license agreement for an amount immaterial to the Consolidated Financial
Statements. This agreement resolves all disputes at issue in the litigations. The pending Dolby suits were dismissed in September
2011.
On July 1, 2011, GPNE Corp. filed a lawsuit against the Company as well as nine other defendants in the U.S. District Court for the
District of Hawaii asserting infringement of U.S. Patent Nos. 7,555,267; 7,570,594; and 7,792,492 which are generally directed to
GPRS technology. The complaint seeks money damages and other relief that the Court may deem proper under the circumstances.
The claim construction is scheduled for August 13, 2012. No trial date has been set. On March 9, 2012 the Company’s motion to
transfer the case to Dallas was granted. Proceedings are ongoing.
On August 1, 2011, Tahir Mahmood filed a lawsuit against the Company in the U.S. District Court for the Southern District of New
York seeking correction of inventorship of U.S. Patent No. 6,219,694, which is generally directed to the Company’s redirector
technology; and, claims for conversion, unfair competition, and unjust enrichment. The complaint seeks correction of inventorship, an
injunction, money damages, punitive damages and other relief that the Court may deem proper under the circumstances. On
January 24, 2012, the Court granted the Company’s motion for summary judgment as to Tahir Mahmood’s claims for conversion,
unfair competition and unjust enrichment. The Court denied the Company’s motion for summary judgment as to Tahir Mahmood’s
claims for correction of inventorship.
On February 3, 2012, Tahir Mahmood filed a new complaint against the Company in the U.S. District Court for the Southern District
of New York seeking correction of inventorship of U.S. Patent Nos. 7,386,588; 6,463,464; and, 6,389,457, as well as “such other
RIM patents the Court may deem proper;” and, claims for fraud, breach of fiduciary duty, conversion, unfair competition and unjust
enrichment. The complaint seeks correction of inventorship, injunctive relief, money damages, punitive damages and other relief that
the Court may deem proper under the circumstances. Proceedings are ongoing.
On August 26, 2011, Synchronoss Technologies, Inc. (“Synchronoss”) filed a lawsuit against Newbay Software, Ltd and Newbay
Software, Inc. (together, “Newbay”) in the U.S. District Court for the District of New Jersey. Synchronoss alleges that Newbay
infringes U.S. Patent Nos. 6,671,757; 7,505,762; and, 7,587,446. The patents are generally directed to data synchronization and
transfer for mobile devices. The complaint seeks an injunction, money damages and other relief that the Court may deem proper
under the circumstances. Proceedings are ongoing.
On August 31, 2011, Openwave Systems Inc. (“Openwave”) filed a request that the ITC commence an investigation of alleged
unlawful importation by the Company and that the ITC issue orders prohibiting certain RIM products from being imported into the
U.S. and sold in the U.S. Openwave alleges that the
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