Motorola 2011 Annual Report Download - page 31

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On November 9, 2010, Microsoft filed a complaint in the United States District Court for the Western District
of Washington (No. C10-01823) against Motorola, Inc. and Motorola Mobility, Inc. (the “Motorola Defendants”)
alleging that the Motorola Defendants breached a contractual obligation to license certain patents related to 802.11
wireless networking technology and H.264 video coding technology on reasonable and non-discriminatory terms
and conditions. The complaint seeks unspecified monetary damages and injunctive relief including a declaration that
the Motorola Defendants have not offered licenses to these patents to Microsoft under reasonable royalty rates,
with terms and conditions that are demonstrably free of any unfair discrimination. On February 23, 2011,
Microsoft amended the complaint to add General Instrument Corporation as a defendant.
In November 2010, Motorola Mobility, Inc. and General Instrument 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 the Western District of Wisconsin, Motorola Mobility, Inc. and General Instrument
Corporation v. Microsoft Corporation (No. 10-cv-699) and Motorola Mobility, Inc. and General Instrument
Corporation v. Microsoft Corporation (No. 10-cv-700). 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 Instrument Corporation are asserting infringement of claims of
sixteen patents by Microsoft’s PC and Server software, Windows mobile and smartphone software and Xbox
products. The ITC complaint seeks exclusion and cease and desist orders directed to these products. 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 of five
additional patents in the Western District of Wisconsin, Motorola Mobility, Inc. v. Microsoft Corporation (No.
10-cv-826). Between December 23, 2010 and January 25, 2011, Microsoft filed counterclaims against Motorola
Mobility, Inc. in several of these actions, alleging infringement of a total of fourteen additional Microsoft patents.
Two of the complaints filed by Motorola Mobility, Inc. and General Instrument Corporation in the Western District
of Wisconsin have been transferred to the Western District of Washington.
In late June 2011 Motorola Solutions, Inc., Motorola Mobility, Inc. and Microsoft Corporation filed a joint
motion to remove Motorola Solutions, Inc. as a respondent in the ITC matter. That motion was subsequently
approved by the Commission in early July 2011. As a result, Motorola Solutions, Inc. is no longer a participant in
the ITC matter except with regard to the production of certain information dating from prior to January 4, 2011.
Motorola Solutions, Inc. will not be bound by any remedy granted by the ITC, such as an exclusion order, unless
Motorola Solutions, Inc. is importing and/or reselling products made by Motorola Mobility, Inc. Although
Motorola Solutions, Inc. remains a party to certain of the complaints filed in district courts referenced above, no
Motorola Solutions products are subject to the matters and we do not believe the proceedings to be material to
Motorola Solutions. Accordingly, we will no longer be reporting on these matters.
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). On November 8, 2010, the ITC
instituted the investigation.
On October 6, 2010, Motorola Mobility, Inc. filed a 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”). On November 18, 2010, Apple counterclaimed in the Southern District of Florida, alleging
infringement of six Apple patents by both Motorola, Inc’s and 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