Blackberry 2013 Annual Report Download - page 45

On September 2, 2010, Innovative Sonic Limited filed lawsuit against the Company in the U.S. District Court for Eastern District of
Texas (Tyler Division) asserting infringement of U.S. Patent Nos. 6,925,183; RE 40,077; and 7,436,795. The patents are generally
directed to window based polling and timing as well as security keys in a wireless communication system. The complaint seeks an
injunction and monetary damages. The claim construction hearing was scheduled for November 10, 2011, and trial was scheduled to
begin June 4, 2012. Subsequently, the case was transferred from the Eastern District of Texas to the Northern District of Texas
(Dallas Division). The Dallas court held a Markman hearing on June 11, 2012 and issued a claim construction order on October 17,
2012. Trial was scheduled to begin on March 4, 2013. On March 4, 2013, the court held a hearing, rescheduling trial for June 2013 to
permit Innovative Sonic to retain new counsel and to allow for additional discovery. Proceedings are ongoing.
On February 24, 2011, Golden Bridge Technology, Inc. (“Golden Bridge”) filed a lawsuit against the Company as well as over twenty
other defendants in the U.S. District Court for the District of Delaware, asserting infringement of U.S. Patent Nos. 6,574,267 and
7,359,427. These patents are generally directed to 3G wireless technologies. The complaint seeks an injunction and monetary
damages. On April 10, 2012, the 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.
38