BULKY DOCUMENTS
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`(Exceeds 1 0 0 pages)
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`Proceeding/Serial No: 91 I 91059
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`Filed: 09[10[2010
`
`Title: 0PPOSER’S NOTICE OFRELL4./VCE # 2:
`
`PRINTED PUBLICA TION
`
`Part
`
`1
`
`of IN
`
`91191059
`
`

`
`TIAB
`
`CERTIFICATE OF MAILING
`
`I hereby certify that this correspondence is being deposited with the
`United States Postal Service with sufiicient postage as first—class
`mail
`in an envelope addressed to: Trademark Trial and Appeal
`Board. United States Patent and Tradema k Office, P.O.Box 1451,
`Alexandria, y
`13~)§1. on September _f:, 2010.
`__ _. ,4
`,2 /—’/7" "-70
`By:
`J
`5"
`/
`Jeffrey J. Mo an
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Serial No.:
`
`77/596,739
`
`Mark:
`
`VUEBERRY
`
`Opposition No. 91191059
`
`)
`
`) )
`
`) )
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`)
`)
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`) )
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`) )
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`)
`
`RESEARCH IN MOTION
`
`LIMITED
`
`Opposer,
`
`V
`
`AVOXAMERICA, H\IC.
`
`Applicant.
`
`OPPOSER’S NOTICE OF RELIANCE # 2:
`
`PRINTED PUBLICATIONS
`
`Opposer Research In Motion Limited (“RIM” or “Opposer”), pursuant to 37 C .F.R. §
`
`2.120(e), hereby gives notice that it will rely on Research In Motion Limited’s 2009 and 2010
`
`Annual Reports, attached hereto as Exhibits 10 and 11, respectively. The Annual Reports are
`
`available to the general public on the Internet by download from clickable links at RIM’s website
`
`at the URL shown in Exhibit 12. The Annual Reports show financial data related to the sale of
`
`goods and services under the BLACKBERRY trademark and are relevant to show the fame,
`
`notoriety, reputation, prestige and scope of use of the mark.
`
`1\|l\\lll\\l\l\l\l\|\\llllllllllllllllllllllllllll
`09-10-2010
`
`

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`Additionally, Opposer hereby gives notice that it will further rely on RIM’s Annual
`
`Information Forms for the fiscal year ended February 28, 2009 and the fiscal year ended
`
`February 27, 2010, attached hereto as Exhibits 13 and 14, respectively. The Annual Information
`
`Forms are available to the general public on the Securities Exchange Commission’s website on
`
`the lntemet at the URLs shown in Exhibits 13 and 14. The Annual Information Forms show
`
`financial data related to the sale of goods and services under the BLACKBERRY trademark and
`
`are relevant to show the fame, notoriety, reputation, prestige and scope of use of the mark.
`
`Dated: September
`
`/7/1‘/t
`I
`
`, 2010
`
`‘.
`_/
`,7 , \ —--~~-,+' xv ‘
`
`
`
`Willgrii. R. Towns
`Jeffrey J. Morgan
`Novak Druce + Quigg LLP
`1000 Louisiana Street, 53rd Floor
`
`Houston, Texas 77002
`
`Attorneys for Opposer
`Research In Motion Limited
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing OPPOSER’S NOTICE OF RELIANCE
`#2 was sent by U.S. First Class Mail, postage prepaid, to the following on this
`1
`day of
`
`September, 2010:
`
`Clinton J. Cusick
`
`Muskin & Cusick LLC
`
`100 W. Main Street, Suite 205
`
`Lansdale, PA 19446
`
`Of Novak Druce + Quigg LLP
`1000 Louisiana Street, 53rd Floor
`
`Houston, Texas 77002
`
`

`
`EXHIBIT 10
`
`Submitted with Opposer’s Notice of Reliance # 2
`
`
`Research In Motion Limited v. AvoxAmerica Inc.
`
`Opposition No. 91191059
`
`

`
`
`
`‘fears of
`lr1nm-alien
`
`Life On B|ackBerry
`
`

`
`<Cc>w:~3;::
`
`everything you love in life...
`
`

`
`09:
`
`Years of
`BlackBerry.
`
`with BlackBerry.
`
`Research In Motion (RIM) is proud to be celebrating 25 years of innovation
`
`and 10 years of BlackBerry®. With over 50 million smartphones shipped, RIM
`
`helps users all over the globe connect to the specific people, information and
`
`media that makes their worlds go round. The success of BlackBerry products
`
`and services is driven by passionate employees, outstanding partnerships,
`
`distinctive technological expertise, a commitment to quality and a culture that
`
`embraces innovation, customer service and operational excellence.
`
`

`
`Connect to your favorite entertainment.
`
`Your BlackBerry smartphone puts powerful audio, video and gaming
`
`capabilities at your fingertips. Listen to music or watch videos
`
`whenever you wish. Play mobile games when you have time on
`
`your hands. Take photos or shoot videos of friends. And use built-in
`
`GPS to ensure that you find that shop, restaurant or dinner party.
`
`your next trip — all on your BlackBerry smartphone.
`
` Purchase a novel, order flowers, reserve concert tickets and book
`
`
`
`1988
`
`1992
`
`‘I984
`
`

`
`

`
`
`
`
`
`your social networks.
`
`Keep tabs on your social circles. Share recent baby photos and make sure
`
`friends see your vacation video clips. Wish Uncle Stu "Happy Birthday,"
`
`instant message Sophie about lunch, email the mechanic or call Grandma
`
`just to say hello. Stay linked to the office while in the field or traveling,
`
`send important files to your co—workers and edit documents on the spot.
`
`Plan a night out with the girls or a poker game with the guys. Connecting
`
`to your social networks has never been easier.
`
`
`
`
`
`1997
`
`1999
`
`2002
`
`2003
`
`

`
`

`
`
`
`
`
`your interests.
`
`Catch up on the latest news while waiting for your flight. Review last
`
`night's sports scores. Review your stock portfolios performance. Find
`
`a great bistro for next Thursday's business lunch. Check the weather
`
`before heading to the soccer game. lnvestigate the registry for gift
`
`ideas and get directions to the wedding. Make sure tomorrow's
`
`meeting is still on and review the big presentation. Connecting to all
`
`Ol your important information while on the go has never been easier.
`
`
`
`
`
`
`
`
`
`2006
`
`2007
`
`2008
`
`

`
`

`
`
`
`The following discussion contains forward—lool<ing statements
`within the meaning ofthe US. Private Securities Litigation
`Reform Act of 7995 and applicable Canadian securities laws,
`including statements relating to RlMs plans and expectations
`for fiscal 2070. Many factors could cause RlM's actual results,
`performance or achievements to differ materially from those
`expressed or implied by the forward—lool<ing statements, as
`described below under ”Management’s Discussion and
`Analysis of Financial Condition and Results of Operations —
`Special Note Regarding Forward—Looking Statements. "
`
`Fellow Sharenoiders:
`
`Fiscal 2009 was another year of exceptional growth for
`Research In Motion (RM) The BlackBerry subscriber account
`base grew by almost 80% in fiscal 2009, driven by strong sales
`in both enterprise and consumer markets as well as excep-
`tional market acceptance of the new BlackBerry products
`launched throughout the year. We are also pleased to report
`that BlackBerry was the number one selling smartphone brand
`in North America.
`
`2009 marks the 70th anniversary of the BlackBerry wireless
`solution, and we are proud to have recently shipped our 50
`millionth BlackBerry smartphone. RIM also achieved record
`financial results with strong revenue and earnings growth, and
`maintained a strong balance sheet with over $2 billion in cash
`and investments and no debt. Rll\/l introduced an unprec~
`edented number of new smartphones during the year, with
`the majority launched in the second half, and continued to
`expand the reach of the BlackBerry platform into broader
`market segments.
`RIM continues to benefit from the industry shift to smart-
`phones and achieved significant market share in both North
`America and abroad during fiscal 2009. R|l\/l's position in the
`market and strong partnerships allowed us to grow substan~
`tially despite the turbulent economic environment that has
`
`been prevalent throughout fiscal 2009. We are confident in
`RlM's ability to thrive in fiscal 2010 and are taking steps to
`position the company to take advantage of the opportunities
`ahead.
`
`We are proud of RlM's accomplishments during the year
`and are grateful to the over 12,000 employees around the
`world whose talents, hard work and determination enabled
`
`RIM to maintain its market leading position. We would also like
`to communicate sincere appreciation to our customers, part-
`ners and shareholders for their support throughout fiscal 2009.
`Some of RlM's achievements during the past year included:
`
`0 Revenue growth of 84% from approximately $6 billion
`to approximately $'l’l billion;
`
`0 The introduction of many new and powerful BlackBerry
`smartphones, including the BlackBerry@' Bold” smartphone,
`BlackBerry“) Pearl” Flip smartphone, B|ackBerry‘”‘ Storm”
`smartphone, BlackBerry@’ Curve” 8350i smartphone,
`BlackBerry‘”' Curve” 8330 smartphone and BlackBerry"
`Curve” 8900 smartphone;
`
`I Expansion oftne BlackBerry subscriber account base to
`approximately 25 million subscribers, with record quarterly
`net subscriber account additions of 3.9 million in the fourth
`quamen
`
`I The launch of a new, global BlackBerry brand campaign;
`
`0 BlackBerry ranked on the Millward Brown Top l00 Most
`Powerful Brands list at number 5'l
`in the world, and rated as
`the fastest growing brand on the list with a 390% increase in
`brand value;
`
`- Shipment of the 50 millionth BlackBerry smartphone in
`January, with approximately 26 million smartphones shipped
`in fiscal 2009 alone;
`
`0 The addition of over 100 new carrier and distribution
`
`partnerships globally;
`
`' Successful penetration of new market segments with
`approximately 60% of net subscriber account additions in
`fiscal 2009 coming from non—enterprise customers;
`
`0 Enhancement of the mobile experience through powerful
`partnerships that helped deliver a wide range of compelling
`mobile applications;
`
`I Expansion of manufacturing capabilities through the
`addition of new outsourcing partners around the world
`which allowed us to almost double the number of devices
`shipped during fiscal 2009; and
`
`° Receipt of the 2009 GSMA Chairman's Award ir recognition
`of RlM's role in pioneering the wireless data industry.
`
`

`
`Financial Highlights
`
`(in thousands of U8. dollars, except per share amounts)
`
` GAAF‘
`
`March 3, 2007 March 1,2008
`
`Statement of Operations data
`Revenue ................................................................................. ..
`Gross margin ......................................................................... ..
`Research & development and selling,
`general and administration ................................................ ..
`Amortization . . .
`. . . . .
`. .
`. . . . . . . . . .
`.
`. .
`. . . . . .
`.
`. . . . ..
`
`. . . . .
`. . . . ..
`Investment income . .
`. . . . . . .
`.
`. . . . ‘ . . . . . .
`. . . . ..
`Income before income taxes . .
`. . . . .
`Provision for income taxes ................................................... ..
`Net income ............................................................................ ..
`Earnings per share ................................................................. ..
`Basic ............................................................................... ..
`Diluted ........................................................................... ..
`
`,
`
`Operating data (percentage of revenue)
`Gross margin ......................................................................... ..
`Research and development ................................................. ..
`Selling, marketing and administration ................................ ..
`
`Balance Sheet data
`
`$ 6,009,395
`$ 3,080,581
`
`1,241,310
`108,112
`79,361
`1,810,520
`516,653
`$ 1,293,867
`
`$
`$
`
`2.31
`2.26
`
`51.3%
`6.0%
`14.7%
`
`$ 3,037,103
`$ 1,657,802
`
`S
`
`$
`S
`
`774,095
`76,879
`52,117
`858,945
`227,373
`631,572
`
`1.14
`1.10
`
`54.6%
`78%
`17.7%
`
`Cash, cash equivalents, short—term
`$ 1,412,878
`$ 2,343,996
`investments and investments ............................................ ..
`Total assets ............................................................................ ..
`$ 5,511,187
`$ 3,088,949
`
`Shareholders’ equity ..........................................
`................. ..
`$ 3,933,566
`$ 2,483,500
`
`BlackBerry Subscriber Account Base
`
`Annual Revenue
`
`25
`
`»:-.72
`
`20
`
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`
`10
`
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`
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`7003
`
`2004
`
`2005
`
`2000
`
`2007
`
`2008
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`2065:
`
`.700‘
`
`2002
`
`2003,
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`7-00'?
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`
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`
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`
`

`
`
`
`
`
`Flnanciaé Resuits and Administration
`
`Revenue in fiscal 2009 grew to approximately $11 billion from
`$6 billion in the previous year. Hardware continued to repre-
`sent the largest percentage of revenue at 82%, with service
`contributing approximately 13%, and software, accessories,
`and other revenue contributing the remainder. RIM shipped
`approximately 26 million smartphones in fiscal 2009, which
`was driven by strong demand from new customers as well as
`handset upgrades from a loyal customer base.
`Gross margin for the year was approximately 46%, down
`from fiscal 2008. This decline was principally related to the
`introduction of new feature—rich, premium smartphones with
`higher associated costs (such as the BlackBerry Bold smart-
`phone, BlackBerry Storm smartphone and BlackBerry Curve
`8900 smartphone), an increased percentage of revenue derived
`from hardware sales relative to software and service fees, and
`unfavorable trends in foreign exchange rates.
`The past year has been a period of significant investment
`for RIM with the launch of a new brand campaign, an aggres-
`sive entry into broader market segments and the expansion of
`our global R&D capabilities. We plan to leverage these types
`of investments and take advantage of opportunities for cost
`improvements to grow RlM's market share and profitability in
`fiscal 2010.
`
`Operating expenses for the year totaled approximately
`$2.38 billion and remained fiat with the previous year as a
`percentage of revenue as we continued to invest in brand,
`channels and R&D.
`Net income in fiscal 2009 increased to $1.89 billion or $3.30
`
`per share fully diluted versus $1.29 billion or $2.26 per share
`fully diluted in the prior year.
`Capital expenditures increased from approximately $350
`million in fiscal 2008 to approximately $834 million in fiscal
`2009. The majority of this investment was for new facilities,
`computers and equipment to support RlM's growing employee
`base and the expansion and enhancement of the BlackBerry"5
`lnfrastructure. RIM also invested $736 million during the year
`for acquisitions of intellectual property and companies with
`strategic technologies that enhance RlM's business.
`RIM continues to have a strong balance sheet with no debt
`and approximately $2.24 billion in cash, cash equivalents,
`short-term investments and long-term investments.
`
`RlM had over 12,000 employees at the end of fiscal 2009,
`up from approximately 8,400 employees at the end of fiscal
`2008. This increase was spread across all areas of the com-
`pany including R&D, carrier support, business development,
`marketing, customer care and manufacturing. We continue to
`recruit the best talent and believe that R|M’s team of dedicated
`
`employees is our strongest asset.
`
`Saies, Marketing 8: Distributior:
`
`During the past year, RIM continued to expand the availability
`of BlackBerry products and services through expansion of dis-
`tribution channels in North America and around the world. We
`
`made significant inroads with retail partners and saw the con-
`tribution from these channels grow substantially over the year.
`Retail sales during the holiday buying season this year were the
`strongest ever for RIM, and independent surveys indicated that
`BlackBerry smartphones consistently ranked in the top three
`bestsellers in North America. BlackBerry smartphones are now
`available through approximately 475 carriers and distribution
`channels, in over 160 countries around the world.
`
`R&D and li/tanufacturirig
`
`RlM's product development philosophy has always been
`defined by the underlying values of innovation, quality and effi-
`ciency; and in fiscal 2009, the R&D team did an exceptional job
`of delivering on these values. RlM undertook the ambitious
`task of launching a record number of new BlackBerry smart-
`phones that incorporated the latest chipset technologies, next
`generation network support, new high resolution displays, new
`and innovative input technologies and completely new user
`interfaces. The launches of these new products ~ including the
`BlackBerry Bold smartphone (RlM's first HSDPA smartphone),
`the BlackBerry Storm smartphone (RlM's first touch—screen
`smartphone with the award—winning SurePress'" tecnnology),
`the BlackBerry Pearl Flip smartphone (RlM's first “clam~shell"
`smartphone), the iDen—based BlackBerry Curve 8350i smart-
`phone (with Push—to—Talk) and the BlackBerry Curve 8900
`smartphone (based on a next generation platform) ~ were key
`factors that contributed to the stellar revenue and market share
`
`growth experienced by RIM this year.
`
`10
`
`

`
`RIM continues to focus on scaling its R&D, manufacturing
`and new product introduction capabilities. During the year
`RIM opened two. new R&D centers — one in Germany and one
`in the United States - while also continuing to grow our Ca-
`nadian presence. R|M's R&D organization now has over 5,000
`employees engaged in areas including advanced research,
`product development, standards and licensing.
`In order to
`support the growing demand for our products, we added sig-
`nificant capacity to our manufacturing organization by adding
`new outsourcing partners globally to increase flexibility and
`scalability.
`In addition, we invested in the upgrade of certain
`production and test equipment in our own manufacturing
`facility to enable faster production. These efforts were instru-
`mental in allowing RIM to ramp production quickly during the
`fall in order to meet the strong demand generated by the new
`product launches.
`Another area of focus during the year was the development
`of BlackBerry® Enterprise Server version 5.0. This initiative
`involves a substantial effort from hundreds of engineers and
`will provide enterprises and their IT departments with the most
`scalable, manageable and reliable BlackBerry solution yet. We
`are looking forward to launching the product in the coming
`months.
`
`mobile phones in their organization. BlackBerry MVS can also
`help enterprises reduce international calling costs by lever-
`aging wireline calling rates. Rather than slowing the adoption
`of BlackBerry MVS, the difficult economic times actually appear
`to be accelerating interest in the platform due to its potential
`for a compelling return on investment. Many organizations are
`looking for ways to reduce costs and BlackBerry MVS is a good
`fit as it plugs into existing BlackBerry Enterprise Server and
`telecom infrastructures at very little incremental cost.
`BlackBerry Enterprise Server version 5.0 will be the most sig-
`nificant upgrade to BlackBerry Enterprise Server in overthree
`years and, after many months of planning and testing at over
`1,000 beta sites, Blac<Berry Enterprise Server v5 0 will be ready
`soon. This latest release delivers on several key corporate IT
`imperatives, including increased manageability, lower total cost
`of ownership, scalability, support for very large scale deploy-
`ments and easy mobilization of hundreds of applications.
`BlackBerry Enterprise Server 5.0 will also introduce a number
`of highly desired user capabilities, including file sharing, the
`ability to securely download files from the corporate network
`and enhanced email management features including the ability
`to create/delete/rename folders and assign flags to messages.
`This is the most powerful version of BlackBerry Enterprise
`Server ever and we believe it will further cement RIM's leader-
`
`BlackBerry in the Enterprise
`
`ship position in the enterprise market.
`
`The enterprise market continues to be very important to RIM's
`business and there are now over 175,000 organizations with
`BlackBerry Enterprise Server installed behind the corporate
`firewall. R|M’s enterprise customer base is diversified with sig-
`nificant growth in the past year coming from sectors including
`Government, Law Enforcement, Health Care and Education.
`
`The BlackBerry® Mobile Voice System (BlackBerry MVS) is
`also beginning to gain traction as organizations look for ways
`to leverage their existing BlackBerry Infrastructure to reduce
`telecom costs. BlackBerry MVS enables BlackBerry smart-
`phones to effectively become a mobile desk—phone, with one
`phone number ringing all devices, a single voice mailbox to
`manage, internal extension dialing capabilities, and added
`benefits for IT departments tnat want better control of the
`
`Bias}-:8erry Application Ecosystem
`
`RIM continued to expand the BlackBerry developer community
`and to enhance the platform to make it easier for our partners
`to develop compelling BlackBerry applications. RIM works with
`a broad range of developers, solution providers and system
`integrators. Together these groups have already brought thou-
`sands of BlackBerry applications and solutions to market and
`we expect this number to significantly increase with the launcr
`of BlackBerry App World“. BlackBerry App World is an online
`application storefront designed to help application developers
`and carriers reach millions of BlackBerry smartphone users and
`to provide consumers with greater choice, enhanced applica-
`tion discovery and an easy method for managing the purchase,
`installation and upgrades of mobile applications.
`
`Unprecedented Global Growth
`
`
`
`: BlackBerry presence
`
`~ Countries
`
`Carriers & Distribution Channels
`
` 2Cl(‘.'7
`
`200E
`
`

`
`In fiscal 2009 there was a marked increase in the numbe'
`
`The Yea: L‘-iheasti
`
`of consumer applications being developed for the BlackBerry
`platform as the multimedia features on Blacl<Berry smar*.~
`phones continued to increase and as the number of consumers
`selecting BlackBerry smartphones continued to grow. Applica-
`tion availability for corporate and business use also remains
`robust with new solutions launched this year for the Health
`Care, Government, Law Enforcement, Education, Manufac-
`
`turing, Retail and Professional Services markets, among others.
`Other initiatives in fiscal 2009 that were focused on sup~
`porting a thriving developer community included the launch of
`the Blacl<Berry Partners Fund in partnership with RBC Capital
`and Thomson Reuters, the hosting of the first annual Black-
`Berry Developer Conference in California and the introduction
`of new easy—to—use development tools such as the BlackBerry@
`JDE Plug-in for Eclipse”.
`We look forward to supporting the continued proliferation
`of the BlackBerry application ecosystem throughout fiscal 20iO.
`
`BlackBerry infrastructure
`
`We continue to invest in the BlackBerry Infrastructure to en-
`hance the BlackBerry smartphone experience and support the
`growing subscriber account base. In fiscal 2009, the BlackBerry
`lnfrastructure supported more than triple the amount of traffic
`it did in fiscal 2008 with over 3 petabytes oftraffic flowing
`through the system each month. Our proactive and ongoing
`investment in infrastructure has enabled us to continue to
`
`provide the industry—leading functionality, quality of service, se-
`curity and scalability required to continue leading the industry
`and to continue meeting the growing needs of our customers
`and partners.
`
`Customer’ Suoport
`
`Providing exceptional support for the growing number of
`BlackBerry customers is an important competitive advantage
`for RIM and its partners. There are now over l,5OO dedicated
`technical and affiliated support staff working at five customer
`support facilities around the world providing 24-hour, 7—days
`per week, multi—lingual support to meet the needs of our
`expanding customer base. Four new initiatives were launched
`by the BlackBerry“ Technical Support Services Team in fiscal
`2009, including the BlackBerry‘? Certification Program to allow
`our partners to enhance their knowledge of BlackBerry hard-
`ware and software; BlackBerry® Support Community Forums,
`a self—service discussion medium where device users and IT
`
`administrators come together to ask questions of one another;
`BlackBerry Expert Support Center (BESC) to provide on-line
`technical support for accounts that have technical support
`contracts with RIM; and BlackBerry Answers which acts as
`both a mobile and desktop self~serve Q&A center. Many of
`the steps taken by the BlackBerry Technical Support Services
`Team in fiscal 2009 are designed to support the growing base
`of consumers and small business users. These new programs
`are designed to find new efficiencies, automate and streamline
`support processes, and utilize smart—technologies to aid our
`customers and partners.
`
`We believe RIM is well positioned to take advantage ofthe
`exciting opportunities that lie ahead in fiscal 2010, Some of our
`goals for the year include:
`
`' Expand our customer base in existing and new markets by
`growing and strengthening our relationships with carriers
`and distribution partners across the globe;
`
`- Effectively manage costs and operating expenses to grow
`earnings;
`
`0 Continue to launch innovative new products and services to
`address existing and new market segments;
`
`- Extend RlM's market leadership through innovation and
`focused investments in R&D;
`
`' Launch BlackBerry Enterprise Server V5.0 and increase the
`adoption of BlackBerry"”; MVS in the enterprise;
`
`' Continue to expand and grow our presence in the
`enterprise market;
`
`' Expand the number and variety of applications and
`content available for BlackBerry smartphone users through
`BlackBerry App World and through other partnerships;
`
`- Attract, hire and retain the best available talent to support
`R|M'5 customers and partners and to maintain R|M's market
`leading position; and
`
`' Continue to focus on delivering strong financial
`performance for our shareholders.
`
`
`
`Jim Balsillie
`Mike Lazaridis
`
`
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`
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`RESEARCH lN NICE ON Lit-/1l'l'E[)
`
`management's discussion and analysis of financial
`condition and results O'l operations
`
`
`.i.i‘,-'-KF‘.
`
`P933
`FOR THE THEE!
`C=l’\lTH.‘} AND F
`' Ylé.»’\l1Z§i?l\llI')ED"- bi’
`”
`
`April 7, 2009
`
`
`The following Managenw-
`'5 Discussion, and Anal;,..is 0":
`Financial Condition and Results. of Operations {"lv‘iE2~&.i‘¥}
`/,_v£
`
`
`audited corisoiid ' t
`should
`together with th
`‘financial statements arici the accompanying notes (the
`"Consolidated Financial Statements") 0?’ Research in l=zZo:io-"*
`
`tacit
`
`
`
`Limited ("Rll\/l" or the "Company”) for the fiscal year er
`February 28, 2009. The Consolidated Financiai
`have been prepared in accordance with United Sta
`
`generally accepted accounting principles G/-\,'—”‘xP"":
`All financial information herein is presented in Llriited
`States dollars, unless otherwise indicated.
`
`l he v-cc;-r AS)
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`kuviw
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`»::suits_, t;«;>rror-r G
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`arghie-¢ei~neni.s to diliei rna:,er'iallv from those e><,pi'essed
`C’ écnpiice by fine torwai'o‘-lo~:>l<
`tateiments, including,
`wit"-3=.,it limitation, trio folio ~.-ring
`i/wicrw are discusses
`
`‘rinniiai
`iii «.'_:;*e?«.e.' detaii
`the "Risk i*act:>i's” sectiori or’ Rti‘vt”~
`information Form, which is included in i\’li\/‘:’s /5\t'i”‘i.i‘£-il Report
`on Form 404?:
`
`
`
`:'hi*o~:>ai‘ty clai
`rights oy F<‘ll\/‘i and
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`real piooe
`in:el§ec‘
`"‘iringerr:ent
`on with
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`~ otizcoine of’ any litigau
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`abili‘.'~.=' to so:-:9
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`RlM has pregoared this iVlD&A with reter'en
`Instrument 51-702 "Continuous Disclosure Oiziligzatiorisf of
`the Canadian Securities Adi‘filfllS'.ZI’{~J'tOi’S. Under the LJ.3..~’
`
` to l\i'ati<>ria5
`
`Canada Multijurisdictional Disclosure System, the Company
`is permitted to prepare this MD&A in accorda. .
`disclosure requirements of Canada, \Ivhic‘ri requii'einerié.s
`are different from those of the United States, This l‘fit")&:»"x
`
`
`provides information for the
`al year erided Fe‘oi'ua*;,-'
`2009 and up to and including April
`2()O9.
`Additional information about the Company, ‘ncluoirigi, the
`Company's Annual
`information Form, which is
`’
`RlM‘s Annual Report: on Form 4[)—l'—, can be Founc 0
`at wwwisedancom and on the US. Securities and Excnan-ye
`Cornrriissions ("SEC") website at \.A.rww.sec.gov.
`
`
`
`Special Note Regarding Forward-Looking Statements
`This lVlD&/’—\ contains forward-looking s't‘atemerii:s within E,l"l€§
`meaning or’ the U.S. Private Securities Litigation Reform":
`of1995 and applicable Canadian securities laws, iricludingz
`statements relating to:
`
`the Company’s expectations regarding the E1\»’Oi'Ci§§C’ sellino
`price ("ASP”)i of its Blacl<Bei’ry devices;
`
`the Company's estimates regarding revenue
`the effect of a change in ASP;
`
`(1)
`
`for
`
`
`the Company's expectations regarding gross, l‘{"iE}'_C§é"
`operating expenses;
`
`the Company’s estimates regarding its etiectav-3 ta
`
`the Company's expectations relating to the " “
`enactment by the Govemme tor‘
`L
`proposals IO implement anieri-errrie
`Act {Canada} with respect to the ‘:'i.inctiona3 CTLN
`reporting rules;
`
`
`
`'
`
`0
`
`0
`
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`
`‘
`
`'
`
`the Company's estimates
`Otl'l€F contractual COVTIFYW. . . ,
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`j;.>urchase oblig‘.a:,=
`ISZ Sh-’3:
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`15
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`

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`is a ieadirrg <:‘e:~;:gner', mi”77!itiié%C£'iiJi' ,i in~".ovati=ze wireless soiutions ior :
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`intense compe'i:ition within Rll\/is industry, iricliiciing the
`possibility teat strategic transactions by Rlivis competitors
`or carrier partners could weai<er~. R|lV'a's com-oetiiive
`position or that Riivé may
`required to reouce its prices to
`
`compete effectively;
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`' dependence on key persorinel and Rli\/l's amiliry to art-‘act:
`and retain key personnel;
`
`0
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`reliance on tl'iird—party zwetvvork iriiiastriictiire dE§\/@lC){)L’-)i‘S
`and software platform vendors:
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` 0 chancies
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`st rates ai‘t'ecti=':c: RlM‘s irv<=2sfri‘ie,nft
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`Sources of Revenue
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`“ed iiiy me Bi€.‘.<‘:i<B€3r.*y
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`work
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`Rii‘v‘i’:~; primary reveiiiie SI!'L€"<'}”!‘
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`pciriiolio and the ci'edi'twor‘thiriess o’5itsinvesi'i1rie*ii
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`0 government i'egula:io.'*-. oi wireless specrgrurr and TEiCiC;
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`0 continued use and expansioc oithe int.
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`regulation, certiiicatizw and Y":-)&ill’l'i risks, anc ris
`to the misuse of Rll\/i’s products;
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`tax liabilities, resulting i‘i'on': ::ii
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`0 difficuities in forecasting RiM’s ciua
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`and the growtii -of its
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`risks relateo to RIMS histori:
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`practices.
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`RESEARCH EN MOTION ED
`management's discussion and analysis of financial
`condition and results of operations continued
`,.(
`-;\/_/1
`,. If
`/viz"
`‘,'E,¢iF~T E-':‘\3i')E:iL
`
` ‘Q.
`FOR HRH 5‘¢‘~C>i\l'T'HS AND
`
`
`0 Rll\/Vs reliar
`
`
`‘ on its sup;:>|ier.s ioi ftirictioraal <:oini:7<>vr"
`
`and the risk that: suppliers wiii not be able Lo su;>;:>ly
`components on El timeiy basis or in sufiiciw: C3'L;EJ'?ill.iC:S[
`
`the continues quali-'._v' and r-zzli
`services;
`
`
`’ ‘lity oi Rlivis 1‘.')!':
`
`
`
`
`risks associated with RIM’: expa.
`
`rig iC)l”€?ig""' <>i:>erzati5m:>;
`
`restrictions on import eno use of RllVi’s products in ceriaiir
`countries due to encryption of the procfiuctzs aria?
`
`foreign exchange i‘lSl,<Sj
`
`
`
`1:0” to
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`no eoiig
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`('2; HOW ii'i'OYi‘f‘iFii§C}:'a, itiilj
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`€—7QL;ii€?C) by la.»
`
`
`
`Overview
`
`Rlivi
`
`
`
`
`
`e'f'feci:ive rnariagement. oi giro-win and cmgoiiig
`developmen