Blackberry 2013 Annual Report Download - page 223

Research In Motion Limited
Management’s Discussion and Analysis of Financial Condition and Results of Operations
of fiduciary duty, conversion, unfair competition and unjust enrichment. The complaint seeks correction of inventorship, injunctive
relief, monetary damages, punitive damages and other relief that the court may deem proper under the circumstances. On June 14,
2012, the Company filed a motion to dismiss the complaint. On October 25, 2012, the court granted the Company’s motion to dismiss
the case with prejudice. On October 26, 2012, Mahmood filed a Notice of Appeal to the U.S. Court of Appeals for the Federal Circuit.
On January 3, 2013, the Federal Circuit consolidated both cases. The parties completed briefing the appeal on February 22, 2013.
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, monetary damages and other relief that the court may deem proper
under the circumstances. On April 27, 2012, Synchronoss filed an amended complaint, alleging infringement of two additional
patents: U.S. Patent Nos. 6,757,696 and 7,643,824. The amended complaint sought an injunction, monetary damages and other relief
that the court may deem proper under the circumstances. In December 2012 Synchronoss and the Company reached an agreement that
settled the claims in the lawsuit. On December 28, 2012 the Court dismissed the case with prejudice. The Company and Synchronoss
resolved all outstanding litigation on December 21, 2012 for an amount immaterial to the Consolidated Financial Statements.
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 of the Company’s products from being
imported into the U.S. and sold in the U.S. Openwave alleges that the Company infringes U.S. Patents Nos. 6,233,608; 6,289,212;
6,405,037; 6,430,409; and 6,625,447. The patents are generally related to wireless data management. The claim construction hearing
was held on July 25-26, 2012. Trial has been set for October 15, 2012 and the target date is March 12, 2013. On May 29, 2012, the
ALJ re-set the initial determination date to be February 6, 2013 and re-set the target date for June 6, 2013. On October 12, 2012,
Openwave filed an unopposed motion to terminate the investigation in its entirety. That same day, the court issued an initial
determination terminating the investigation. On November 13, 2012, the investigation was terminated. Openwave also filed a
companion complaint in the U.S. District Court for the District of Delaware regarding the same patents. On October 17, 2011 the
Delaware court stayed the case pending the ITC investigation. On December 28, 2012, the Delaware court issued an order lifting the
stay. The court has yet to issue a schedule. Proceedings are ongoing.
On September 7, 2011, Negotiated Data Solutions Inc. (“NData”) filed a lawsuit against the Company in the U.S. District Court for
the Eastern District of Texas (Marshall Division) along with five other defendants asserting infringement of U.S. Patent Nos.
5,361,261; 5,533,018; 5,566,169; and 5,594,734, which are generally directed to isochronous capability or frame based transmission
of data. The complaint seeks an injunction and monetary damages. A claim construction hearing occurred on December 5, 2012 and
the trial is set for July 1, 2013. The Company and NData settled all outstanding litigation on February 4, 2013 for an amount
immaterial to the Consolidated Financial Statements. The court dismissed the case with prejudice on February 19, 2013.
On September 12, 2011, WiAV Networks, LLC filed a lawsuit against the Company and one other defendant in the U.S. District
Court for the Northern District of Texas alleging infringement of U.S. Patent Nos. 6,480,497 and 5,400,338. The patents are generally
directed to coordinate-based roaming node and a packet
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