Openwave Systems (OPWV) Files Legal Action Against Apple (AAPL) and RIM (RIMM) to Secure its Intellectual Property

Openwave Systems Inc. (Nasdaq: OPWV) today said it filed complaints against Apple Inc. (Nasdaq: AAPL) and Research In Motion Limited (Nasdaq: RIMM) in order to protect its intellectual property on how mobile devices connect to the Internet.

“Before filing these complaints, we approached both of these companies numerous times in an attempt to negotiate a license of our technology with them and did not receive a substantive response,” said Ken Denman, Chief Executive Officer of Openwave.

The complaint, filed at the International Trade Commission in Washington, DC, requests that the ITC bar the import of smartphones and tablet computers that infringe Openwave patents, including, but not limited to, Apple’s iPhone 3G, iPhone 3GS, iPhone 4, iPod Touch, iPad and iPad 2; and RIM’s Blackberry Curve 9330 and Blackberry PlayBook. Openwave also filed a similar complaint in federal district court in Delaware.

The Openwave complaints specifically allege that Apple and RIM infringe upon five Openwave patents. These patents cover technology that gives consumers access to the Internet from their mobile devices:

• Openwave’s 212 patent generally allows a user to use e-mail applications on a mobile device when the network is unavailable – such as when a user is on an airplane. For more information, please refer to the complaint, page 8.

• Openwave’s 409 patent generally allows the mobile device to operate seamlessly, and securely, with a server over a wireless network. For more information, please refer to the complaint, page 10.

• Openwave’s 037 patent generally allows access to updated versions of applications on mobile devices. For more information, please refer to the complaint, page 9.

• Openwave’s 447 patent generally allows consumers to experience an improved user experience in navigating through various pages of information without delay. For more information, please refer to the complaint, page 12.

• Openwave’s 608 patent generally relates to cloud computing. For example, the 608 patent enables data to be accessed or shared by different devices such as mobile handsets or computers. For more information, please refer to the complaint, page 6.

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