Blackberry 2013 Annual Report Download - page 222

Research In Motion Limited
Management’s Discussion and Analysis of Financial Condition and Results of Operations
court stayed the litigation pending resolution of Golden Bridge’s claims against Apple. On April 13, 2012, Golden Bridge
Technology filed a lawsuit against the Company in the U.S. District Court for the District of Delaware, asserting infringement of U.S.
Patent No. 6,574,267. The patent is generally directed to 4G wireless technology. On July 27, 2012, the court stayed the litigation
pending resolution of Golden Bridge’s claims against Apple. On May 8, 2012, Golden Bridge filed a lawsuit against the Company as
well as over twenty other defendants in the U.S. District Court for the Central District of California, alleging infringement of U.S.
Patent No. 6,075,793. On September 11, 2012, the court dismissed the complaint for improper joinder. On September 18, 2012,
Golden Bridge re-filed its complaint against all defendants, except Apple, in the U.S. District Court for the District of Delaware. The
complaint seeks an injunction and monetary damages. The Company has not been served with this complaint. On January 11, 2013,
the District Court for the District of Delaware entered an Order that stayed the litigation until further order of the court or until such
time as final judgment is entered in the Apple Action with respect to Golden Bridge’s claims against Apple or an order dismissing
Apple is entered in the Apple Action.
On March 18, 2011, Imperium (IP) Holdings, Inc. (“Imperium”), 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 Nos. 6,271,884;
6,838,651; 6,838,715; 7,064,768; and 7,109,535; however, only two of these patents have been asserted against the Company (U.S.
Patent Nos. 6,271,884; 6,838,715). The patents generally relate to imaging technology. The complaint seeks an injunction and
monetary damages. The claim construction was scheduled for May 31, 2012, and the trial was scheduled to begin January 7, 2013.
The claim construction was held on May 31, 2012, and the trial was re-scheduled for April 2013. On July 2, 2012 Imperium issued its
Claim Construction Order. On December 10, 2012, Imperium filed a motion to amend its complaint against the Company, asserting
U.S. Patent 6,838,651 as well as Willfulness as to infringement of U.S. Patent 6,271,884. On January 4, 2013, the court denied
Imperium’s motion. Imperium sought reconsideration on the motion, which was also denied. Proceedings are ongoing.
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 monetary damages and other relief that the court may deem proper under the circumstances.
On March 9, 2012 the Company’s motion to transfer the case to Dallas was granted. The Dallas court has not scheduled a claim
construction hearing. Trial is scheduled to begin on May 4, 2014. The Company and GPNE settled all outstanding litigation on
January 31, 2013 for an amount immaterial to the Consolidated Financial Statements. The court dismissed the case with prejudice on
March 13, 2013.
On August 1, 2011, Tahir Mahmood (“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, monetary damages, punitive damages and other relief that the court may deem proper under the
circumstances. On May 16, 2012, the court granted the Company’s motion to dismiss the case with prejudice. The case was dismissed
on June 7, 2012. On July 6, 2012, Mahmood filed a Notice of Appeal to the U.S. Court of Appeals for the Federal Circuit. The parties
completed briefing the appeal on November 13, 2012.
On February 3, 2012, Mahmood filed a new 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 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
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