Motorola 2010 Annual Report Download - page 37

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29
In November 2010, Motorola Mobility, Inc. and General Instruments Corporation filed complaints against
Microsoft in the ITC and in the U.S. District Courts for the Southern District of Florida, Motorola Mobility, Inc. v.
Microsoft Corporation and Motorola Mobility, Inc. and General Instruments Corporation v. Microsoft
Corporation, and the Western District of Wisconsin, Motorola Mobility, Inc. and General Instruments Corporation
v. Microsoft Corporation. The ITC matter is entitled In the Matter of Certain Gaming and Entertainment Consoles,
Related Software, and Components Thereof (Inv. No. 337-TA-752). Among the complaints, Motorola Mobility,
Inc. and General Instruments Corporation are asserting infringement of claims in nineteen patents by Microsoft’s
PC and Server software, Windows mobile software and Xbox products. The ITC complaint seeks exclusion and
cease and desist orders. On December 23, 2010, the ITC instituted the investigation. The District Court complaints
seek monetary damages and injunctive relief. In December 2010 and February 2011, Motorola Mobility, Inc.
subsequently asserted claims in four additional patents in the Western District of Wisconsin, Motorola Mobility,
Inc. v. Microsoft Corporation. Between December 23, 2010 and January 25, 2011, Microsoft filed counterclaims
against Motorola Mobility, Inc. in these actions, alleging infringement of a total of fourteen additional Microsoft
patents.
Motorola Mobility, Inc. v Apple Inc.
On October 6, 2010, Motorola Mobility, Inc. filed a complaint for patent infringement against Apple Inc. with
the ITC. The matter is entitled In the Matter of Certain Wireless Communication Devices, Portable Music and Data
Processing Devices, Computers and Components Thereof (Inv. No. 337-TA-745). The complaint alleges that
Apple Inc. directly infringes, contributorily infringes and/or induces others to infringe claims of six patents by
importing and selling in the United States after importation certain wireless communication devices, portable music
and data processing devices, computers, and components thereof without the authorization of Motorola Mobility,
Inc. The complaint seeks the institution of an investigation and the issuance of an exclusion order barring from
entry into the United States certain products and a cease and desist order prohibiting Apple from importing,
marketing and distributing certain products and other related activities. On November 8, 2010, the ITC instituted
the investigation.
On October 6, 2010, Motorola Mobility, Inc. filed two complaints for patent infringement against Apple Inc.
in Motorola Mobility, Inc. v Apple Inc., in the United States District Court for the Northern District of Illinois (the
“Illinois Complaints”). Motorola Mobility, Inc. filed another complaint for patent infringement against Apple Inc.
in Motorola Mobility, Inc. v Apple Inc., in the United States District Court for the Southern District of Florida (the
“Florida Complaint”). The complaints allege that Apple Inc. directly and/or indirectly infringes eighteen Motorola
Mobility patents by making, using, offering for sale and selling in the United States certain products and services.
On November 9, 2010, Motorola Mobility, Inc. voluntarily dismissed the Illinois Complaints, which are now being
asserted as counterclaims in the actions brought by Apple Inc. below. On November 18, 2010, Apple
counterclaimed in the Southern District of Florida, alleging infringement of six Apple patents by Motorola Mobility,
Inc.’s manufacture and sale of mobile devices, set-top boxes and digital video recorders.
On October 8, 2010, Motorola Mobility, Inc. filed a complaint for declaratory relief against Apple Inc. and
NeXT Software, Inc. in Motorola Mobility, Inc. v. Apple Inc. and NeXT Software, Inc., in the United States District
Court for the District of Delaware. The complaint seeks a judgment declaring that Motorola Mobility, Inc. has not
infringed, induced the infringement of, or contributed to the infringement of any valid, enforceable claim of twelve
patents owned by Apple Inc. and NeXT Software, Inc. On December 2, 2010, Apple asserted these twelve patents
against Motorola, Inc. and Motorola Mobility, Inc. in the Western District of Wisconsin, seeking to transfer the
Delaware action to Wisconsin.
On October 29, 2010, Apple Inc. filed two complaints for patent infringement against Motorola, Inc. and
Motorola Mobility, Inc. in Apple Inc. v. Motorola, Inc. and Motorola Mobility, Inc., in the United States District
Court for the Western District of Wisconsin. The complaints allege infringement of six patents by Motorola, Inc.
and Motorola Mobility, Inc. The complaints allege that Motorola, Inc. and Motorola Mobility, Inc. directly
infringes, contributorily infringes and/or induces others to infringe the patents-in-suit by making, using, offering for
sale and selling in the United States certain mobile devices and related software. The complaint seeks unspecified
monetary damages and injunctive relief. On November 9, 2010, Motorola Mobility, Inc. filed counterclaims against
Apple Inc. to their complaints alleging infringement of twelve Motorola Mobility, Inc. patents originally asserted by
Motorola Mobility, Inc. in the Northern District of Illinois as above.
On October 29, 2010, Apple Inc. filed a complaint alleging patent infringement against Motorola, Inc. and
Motorola Mobility, Inc. with the United States International Trade Commission. The matter is entitled In the