Blackberry 2013 Annual Report Download - page 46

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 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.
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