Case: 12-1548

Document: 154

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Filed: 03/20/2013

Nos. 2012-1548, 2012-1549 IN THE

UNITED STATES COURT OF APPEALS

FOR THE FEDERAL CIRCUIT
_________________________

APPLE, INC. and NeXT SOFTWARE, INC., Plaintiffs-Appellants, v. MOTOROLA, INC. and MOTOROLA MOBILITY, INC., Defendants-Cross-Appellants. _________________________ Appeal from the United States District Court for the Northern District of Illinois in case No. 11-CV-8540, Judge Richard A. Posner
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MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF OF RESEARCH IN MOTION LIMITED IN SUPPORT OF NEITHER PARTY
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Brian C. Riopelle (VSB No. 36454) Robert M. Tyler (VSB No. 37861) Kristen M. Calleja (VSB No. 41319) MCGUIREWOODS LLP One James Center 901 East Cary Street Richmond, VA 23219 (804) 775-1000 (804) 775-1061 (Fax) Attorneys for Amicus Curiae Research in Motion Limited March 20, 2013

Case: 12-1548
Form 9 FORM 9. Certicate of Interest

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Filed: 03/20/2013

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

Apple Inc. Motorola Mobilitiy, LLC ____________________________ v. ____________________________ 2012-1548 No. _______

CERTIFICATE OF INTEREST
Counsel for the (petitioner) (appellant) (respondent) (appellee) (amicus) (name of party)
Amicus Research In Motion Ltd. _______________________

certifies the following (use None if applicable; use extra sheets

if necessary): 1. The full name of every party or amicus represented by me is: Research In Motion Limited _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 2. The name of the real party in interest (if the party named in the caption is not the real party in interest) represented by me is: N/A _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 3. All parent corporations and any publicly held companies that own 10 percent or more of the stock of the party or amicus curiae represented by me are:
Research In Motion Limited is a publically traded corporation. It has no parent company and _____________________________________________________________________________ no publically-held corporation owns 10% or more of Research In Motion Limiteds shares.

_____________________________________________________________________________ _____________________________________________________________________________ 4. The names of all law firms and the partners or associates that appeared for the party or amicus now represented by me in the trial court or agency or are expected to appear in this court are:

_____________________________________________________________________________ McGuireWoods LLP: Brian C. Riopelle; Robert M. Tyler; Kristen M. Calleja _____________________________________________________________________________ 3/20/2013 _____________________ Date /s/Brian C. Riopelle _______________________________ Signature of counsel Brian C. Riopelle _______________________________ Printed name of counsel

Please Note: All questions must be answered Counsel cc: All ___________________________________

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MOTION FOR LEAVE TO BRIEF OF AMICIS CURIAE Under Federal Rule of Appellate Procedure 29(b), Research in Motion Limited d/b/a BlackBerry (BlackBerry) respectfully moves the Court for leave to file the accompanying amicus curiae brief in support of neither party, addressing a single question raised by the district courts decision: can injunctive relief ever be available to holders of standard-essential patents as a remedy for infringement? As a leading designer, manufacturer, and marketer of innovative wireless solutions for the worldwide mobile communications market, BlackBerry is an active participant in a range of organizations that develop standards in the global wireless industry, and contributes proprietary technology to many standards development efforts. At the same time, BlackBerry implements a wide range of standards in its mobile solutions. BlackBerry has entered into numerous license and cross-license agreements involving Standards Essential Patents (SEPs) and has substantial experience with the fair, reasonable and non-discriminatory (FRAND) doctrine commonly at issue with such licenses. BlackBerry has a strong interest in a balanced approach to a patent system that takes into account the legitimate property rights of patent holders, preserves strong incentives for participating in standard setting bodies and contributing innovative technology for inclusion in those standards, and promotes robust competition in the marketplace. In BlackBerrys view, however, that balance
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would be threatened by a categorical rule against injunctions, such as that announced by the district court below. Among the central issues in this case is the important question of whether injunctive relief can ever be available to holders of standard-essential patents as a remedy for infringement. The Courts decision on that issue would have a significant effect on the process by which owners of such patents evaluate participating in standard-setting bodies, contributing their innovative technology for inclusion in standards, and licensing their patents to competitors. Because of this, it is desirable that all available arguments and viewpoints be fully developed and briefed for the Court. BlackBerry believes that its amicus brief will assist the Court in understanding the significance of the lower courts decision and the relevant policy considerations. Accordingly, BlackBerry respectfully requests that this Court grant leave for Blackberry to file the accompanying brief.

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Respectfully submitted, Dated: March 20, 2013 /s/ Brian C. Riopelle Brian C. Riopelle (VSB No. 36454) Robert M. Tyler (VSB No. 37861) Kristen M. Calleja (VSB No. 41319) MCGUIREWOODS LLP One James Center 901 East Cary Street Richmond, VA 23219 (804) 775-1000 (804) 775-1061 (Fax) Attorneys for Amicus Curiae Research in Motion Limited d/b/a BlackBerry

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CERTIFICATE OF SERVICE Pursuant to Fed. R. App. P. 25(d)(1)(B), I hereby certify that on this 20th day of March, 2013, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system, which will then send a notification of such filing to all counsel of record. /s/ Brian C. Riopelle Brian C. Riopelle MCGUIREWOODS LLP One James Center 901 East Cary Street Richmond, Virginia 23219 Tel: 804.775.1000 Fax: 804.774.1061 briopelle@mcguirewoods.com