-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, FU1NywfW6nHA20kfFKOlWk3HfZneYslwq4XkD/fw33CdAa0YtAvTB8X+D/zdRT9Z EnkWL2geABbUz7rek3XaqA== 0000950172-03-002526.txt : 20030806 0000950172-03-002526.hdr.sgml : 20030806 20030806153328 ACCESSION NUMBER: 0000950172-03-002526 CONFORMED SUBMISSION TYPE: 6-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20030805 FILED AS OF DATE: 20030806 FILER: COMPANY DATA: COMPANY CONFORMED NAME: RESEARCH IN MOTION LTD CENTRAL INDEX KEY: 0001070235 STANDARD INDUSTRIAL CLASSIFICATION: TELEPHONE & TELEGRAPH APPARATUS [3661] IRS NUMBER: 000000000 FISCAL YEAR END: 0228 FILING VALUES: FORM TYPE: 6-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-29898 FILM NUMBER: 03826203 BUSINESS ADDRESS: STREET 1: 295 PHILLIP ST STREET 2: WATERLOO CITY: ONTARIO CANADA STATE: A6 ZIP: 00000 BUSINESS PHONE: 5198887465 MAIL ADDRESS: STREET 1: 295 PHILLIP STREET STREET 2: WATERLOO, ONTARIO N2L 3W8 CITY: ONTARIO STATE: A6 ZIP: N2L 3W8 6-K 1 rim6aug.txt 41663.01-Toronto Server 1A - MSW6 FORM 6-K Securities and Exchange Commission washington, D.C. 20549 Report of Foreign Private Issuer Pursuant to Rule 13a-16 or 15d-16 of the Securities Exchange Act of 1934 For the month of AUGUST 2003 ----------------------- ----------- Commission File Number 000-29898 ----------------------- ----------- RESEARCH IN MOTION LIMITED ---------------------------------------------------------------------------- (Translation of registrant's name into English) 295 Phillip Street, Waterloo, Ontario, Canada N2L 3W8 - ------------------------------------------------------------------------------ (Address of principal executive offices) Indicate by check mark whether the registrant files or will file annual reports under cover Form 20-F or Form 40F. Form 20-F Form 40-F X ---------------- ---------------- Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1): Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7): Indicate by check mark whether by furnishing the information contained in this Form, the registrant is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934. Yes No X ------------------ ------------------ If "Yes" is marked, indicate below the file number assigned to the registrant in connection with Rule 12g3-2(b) : 82-_______________ DOCUMENT INDEX Document Page No. 1. Press Release dated August 5, 2003 4 ("Injunction Stayed In NTP Inc. vs. RIM Litigation") DOCUMENT 1 [RIM LOGO OMITTED] NEWS RELEASE AUGUST 5, 2003 FOR IMMEDIATE RELEASE INJUNCTION STAYED IN NTP INC. VS. RIM LITIGATION NTP Inc. Patents To Be Reexamined WATERLOO, ON - Research In Motion Limited (RIM) (Nasdaq: RIMM; TSX: RIM) provided an update today following a key ruling delivered by the United States District Court for the Eastern District of Virginia in the NTP Inc. vs. RIM litigation matter. This ruling favored RIM and allows RIM to continue selling its products and services in the United States without interruption. The Court granted RIM's request to stay the injunction sought by NTP Inc. pending the completion of RIM's appeal (to the Court of Appeals for the Federal Circuit). RIM today reiterated its intention to appeal the judgment entered by the Court (that was based on the jury verdict rendered on November 21, 2002) as well as several rulings made by the Court during the course of the case. RIM also plans to petition the Court of Appeals to stay the appeals process pending the reexamination of the disputed patents by the U.S. Patent and Trademark Office. Subsequent to the jury verdict in November, the Director of the Patent and Trademark Office initiated a reexamination of several patents held by NTP Inc., including four of the five patents disputed in the NTP Inc. vs. RIM litigation. Further, the U.S. Patent and Trademark Office has now also granted a reexamination request in regard to the fifth patent-in-suit. As a result, all five of the NTP Inc. patents litigated will be reexamined. "We are obviously pleased with today's ruling and believe that the District Court's decision to stay the injunction is especially appropriate given the frequency of successful appeals at the appellate level as well as the specific merits of RIM's appeal and the impending reexamination of the disputed patents by the U.S. Patent and Trademark Office," said Henry Bunsow, RIM's lead counsel and partner at Howrey Simon Arnold & White, LLP. "RIM has always disputed the validity and infringement of the NTP Inc. patents and we continue to believe the jury verdict was wrong as both a matter of law and fact. We now look forward to the thorough reexamination of these patents by the U.S. Patent and Trademark Office and to the review of the entire record by the Court of Appeals. While the remaining reexamination and appeal processes may take several years to complete, we remain confident that RIM will ultimately prevail in this matter." The Company has previously recorded provisions to account for the monetary damages awarded in this litigation to date. The litigation between NTP Inc. and RIM is ongoing and the current jury verdict, rulings, damages and other awards in this litigation remain subject to appeal. Further details were not disclosed at this time. ABOUT RESEARCH IN MOTION (RIM) Research In Motion is a leading designer, manufacturer and marketer of innovative wireless solutions for the worldwide mobile communications market. Through the development of integrated hardware, software and services that support multiple wireless network standards, RIM provides platforms and solutions for seamless access to time-sensitive information including email, phone, SMS messaging, Internet and intranet-based applications. RIM technology also enables a broad array of third party developers and manufacturers to enhance their products and services with wireless connectivity to data. RIM's portfolio of award-winning products, services and embedded technologies are used by thousands of organizations around the world and include the BlackBerry(R) wireless platform, the RIM Wireless Handheld(TM) product line, software development tools, radio-modems and software/hardware licensing agreements. Founded in 1984 and based in Waterloo, Ontario, RIM operates offices in North America, Europe and Asia Pacific. RIM is listed on the Nasdaq Stock Market (Nasdaq: RIMM) and the Toronto Stock Exchange (TSX: RIM). For more information, visit www.rim.com or www.blackberry.com. -30- MEDIA CONTACT: Andrew Tingley Brodeur Worldwide for RIM 212-771-3645 atingley@brodeur.com INVESTOR CONTACT: RIM Investor Relations 519.888.7465 investor_relations@rim.net Forward-looking statements in this news release are made pursuant to the "safe harbor" provisions of the United States Private Securities Litigation Reform Act of 1995. When used herein, words such as "intend" and similar expressions are intended to identify forward-looking statements. Forward-looking statements are based on assumptions made by and information available to Research In Motion Limited. Investors are cautioned that such forward-looking statements involve risks and uncertainties. Important factors that could cause actual results to differ materially from those expressed or implied by such forward looking statements include, without limitation, possible product defects and product liability, risks related to international sales and potential foreign currency exchange fluctuations, the initiation or outcome of litigation, acts or potential acts of terrorism, international conflicts, significant fluctuations of quarterly operating results, changes in Canadian and foreign laws and regulations, continued acceptance of RIM's products, increased levels of competition, technological changes and the successful development of new products, dependence on third-party networks to provide services, dependence on intellectual property rights and other risks and factors detailed from time to time in RIM's periodic reports filed with the United States Securities and Exchange Commission, and other regulatory authorities. The Company has no intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise. Research In Motion, RIM and BlackBerry are trademarks of Research In Motion Limited. Research In Motion and RIM are registered with the U.S. Patent and Trademark Office and may be pending or registered in other countries. All other brands, products and company names mentioned herein may be trademarks or registered trademarks of their respective holders. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized. RESEARCH IN MOTION LIMITED ------------------------------------- (Registrant) Date: August 5, 2003 By: /s/ Rob Duncan ------------------- -------------------------------- (Signature) Rob Duncan Vice President, Corporate Controller -----END PRIVACY-ENHANCED MESSAGE-----