Blackberry 2013 Annual Report Download - page 224

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Research In Motion Limited
Management’s Discussion and Analysis of Financial Condition and Results of Operations
radio mesh network. The complaint seeks an injunction and monetary damages. The Company answered the complaint on
October 27, 2011. The claim construction hearing occurred on October 10, 2012, and trial is scheduled to begin September 23, 2013.
The court issued its claim construction Order on October 30, 2012. The Company and WiAV Networks, LLC settled all outstanding
litigation on January 11, 2013 for an amount immaterial to the Consolidated Financial Statements. The court dismissed the case with
prejudice on January 22, 2013.
On October 7, 2011, GrafTech International Holdings, Inc. (“GTI”) filed a lawsuit against the Company in the U.S. District Court for
the Northern District of Texas (Dallas Division). GTI alleges that the Company infringes U.S. Patent Nos. 6,482,520 and 6,982,874
generally directed to exfoliated graphite sheets for heat dissipation. The Company filed its Answer on February 27, 2012. The
complaint seeks an injunction and monetary damages. On September 17, 2012, the court granted the parties joint motion to
administratively close the case. Either party may request the court to reopen the case if it feels that settlement negotiations have hit an
impasse.
On November 17, 2011, Graphics Properties Holdings, Inc. (“GPH”) filed a complaint with the ITC against the Company along with
twelve other defendants. GPH alleges that the Company infringes U.S. Patent Nos., 6,650,327 (the “’327 Patent”) and 6,816,145 (the
“’145 Patent”) generally relating to display technology. GPH also alleges that the Company infringes U.S. Patent No. 5,717,881 (the
“’881 Patent”) generally relating to data processing. The complaint seeks orders prohibiting certain of the Company’s products from
being imported into the U.S. and sold in the U.S. Proceedings are ongoing. GPH withdrew the complaint and filed a new one to
correct deficiencies on March 5, 2012. Trial has been set for January 17, 2013, the initial determination is scheduled to be completed
by May 10, 2013 and the target date is September 10, 2013. On March 1, 2013, the ITC terminated the investigation.
On November 23, 2011, GPH filed a lawsuit against the Company in the U.S. District Court for the District of Delaware, alleging
infringement of the ’327, ’145, and ’881 Patents. The complaint seeks an injunction and monetary damages. On May 11, 2012, the
court issued an order staying the action against the Company pending the outcome of the ITC proceedings. On December 21, 2012,
the Company obtained a license grant for an amount immaterial to the Consolidated Financial Statements. The court dismissed the
case with prejudice on January 30, 2013.
On December 6, 2011, Advanced Video Technologies LLC (“AVT”) filed a lawsuit against the Company in the U.S. District Court
for the Southern District of New York. AVT alleges that the Company infringes U.S. Patent No. 5,781,788 generally directed to a
single-chip video codec. The complaint seeks an injunction, monetary damages and other relief that the court may deem proper under
the circumstances. A claim construction order was issued on February 1, 2013. No trial date is currently set. Proceedings are ongoing.
On January 20, 2012, WI-LAN USA, Inc. and WI-LAN, Inc. (together, “WI-LAN”) filed a lawsuit against the Company in the U.S.
District Court for the Southern District of Florida alleging infringement of U.S. Patent Nos. 5,515,369 and 6,232,969. The patents are
generally directed to Bluetooth and character selection display interface. The complaint seeks an injunction and monetary damages.
On February 21, 2012, WI-LAN filed an amendment to the complaint, alleging infringement of U.S. Patent No. 6,240,088. The patent
is generally directed to a message review feature. The Company’s answer was due on March 19, 2012 and was filed on March 19,
2012. For this suit, the court has set a trial date for February 24, 2014. A claim construction hearing will be rescheduled for late July
or early August 2013. Proceedings are ongoing. On December 11, 2012, Wi-LAN filed a second complaint against the Company. Wi-
LAN asserted that the Company infringes U.S. Patent No. 6,260,168 generally directed to Bluetooth technology. The complaint seeks
an injunction and monetary damages. For this suit, the court has set a trial date for November 11, 2013. Proceedings are ongoing.
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