Blackberry 2013 Annual Report Download - page 44

Company filed a Motion to Intervene and a Petition for Review/Notice of Cross Appeal on September 6, 2012. On November 21,
2012, the Federal Circuit granted the Motion to Intervene and dismissed the Petition for Cross Appeal on procedural grounds. Kodak
completed the sale of its digital imaging patent portfolio on February 1, 2013, and as part of the proceedings, the Company obtained a
license to all the patents in suit, thus settling all outstanding litigation. On February 5, 2013, Kodak filed a motion to dismiss. The
court granted the motion on February 15, 2013.
On March 31, 2010, MobileMedia Ideas LLC (“MMI”) filed a lawsuit against the Company in the U.S. District Court for the Eastern
District of Texas (Marshall Division) alleging infringement of U.S. Patent Nos. 5,479,476; 5,845,219; 6,055,439; 6,253,075;
6,427,078; RE.39231; 5,732,390; 5,737,394; 6,070,068; 6,389,301; 6,446,080; and 7,349,012. The patents are generally directed to
mobile telephone technologies including mobile telephone user interfaces, call control, speech signal transmission and imaging. The
complaint seeks an injunction and monetary damages. The claim construction hearing was scheduled for January 11, 2012, and trial
was scheduled to begin July 12, 2012. On August 30, 2011, the case was transferred from the Eastern District of Texas to the
Northern District of Texas (Dallas). On November 4, 2011, MMI filed an amended complaint in the Northern District of Texas,
alleging infringement of four additional patents: U.S. Patent Nos. 5,490,170; 6,049,796; 6,871,048; and, 6,441,828. The amended
complaint seeks an injunction, monetary damages and other relief that the court may deem proper under the circumstances. On
March 9, 2012, the Court reset the trial date for February 4, 2013. On March 21, 2012, the court stayed the proceedings with respect
to U.S. Patent Nos. 5,479,476; 5,845,219; 6,055,439; 6,253,075; and 6,427,078. On April 16, 2012, the Company filed a motion to
stay the proceedings with respect to U.S. Patent No. 6,049,796. On May 4, 2012, the court granted the Company’s motion to stay
proceedings with respect to U.S. Patent No. 6,049,796. On January 17, 2013 the parties entered proposed scheduling orders including
proposed trial dates. On February 27, 2013, the court issued a claim construction order. The court has not yet entered a new schedule.
Proceedings are ongoing.
On June 30, 2010, Bandspeed Inc. (“Bandspeed”) filed a lawsuit against the Company as well as thirty-six 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. 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. A trial had been scheduled to begin February 4, 2013, involving
Bandspeed and CSR only. On October 22, 2012, Bandspeed advised the court of a Settlement and License Agreement entered into
with CSR. On November 20, 2012, the court dismissed with prejudice all claims based on any defendant’s use of CSR Licensed
Products. At this time, no date for trial has been set with respect to any other defendant, including the Company. The court held a
Status Conference on January 11, 2013 and indicated that trial would be set for early November 2013. Proceedings are ongoing.
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