RIM Hits Legal Roadblock in Patent Suit

By Ed Oswald | Published November 9, 2005, 2:26 PM

The future of BlackBerry e-mail devices became even cloudier Wednesday. A U.S. District Judge overseeing the case between NTP and RIM said he would not wait for the U.S. Patent Office to review disputed patents before deciding whether to uphold an injunction that would halt the sales of the popular device.

It is not clear if NTP's patents have any merit after an initial rejection by the patent office. However, a final decision on the matter could take up to two years.

"I've spent enough of my life and time on NTP and RIM," Judge James Spencer said in the hearing, adding that he intends to move quickly on a judgment.

Both sides are eagerly awaiting an end to nearly four years of legal wrangling. In 2001, NTP filed the initial patent infringement suit, and a jury ruled in favor of the company the following year. In 2003, Spencer granted an injunction that would have shut down BlackBerry sales, but it was stayed pending appeal.

An appeals court has since overturned some of the claims, but certain patent infringement claims remain. The two sites had an agreement for about three months earlier this year in which RIM agreed to pay $450 million to continuing selling the BlackBerry.

However, the deal fell apart in June, and NTP is seeking to have the service shut down completely.

RIM is asking the court to enforce the settlement. If it fails, Spencer will likely put into place the 2003 injunction before any final decision is made on the validity of NTP's patents. RIM previously asked the U.S. Supreme Court to intervene and stay the injunction, but the nation's high court declined to hear the case.

Comments

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I read in another article that Blackberry has technology they can put in place that would work around the patent infringement, so they'd be able to keep service running. I'm not sure how that would impact sales though.

Sounds to me like NTP is a bunch of greedy jerks. They just patent and idea or technology and do nothing else.

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Comments Like Rijp should just be Deleted by the Moderator - this guy is obviously an idiot to you suck Blackberry over 3 million current users can't be wrong and if the poster who made that comment could afford 1 we wouldnt' be hearing his comments - Blackberry and Ntp have been at it on this case for quite some time But, i am sure / certain there will be an agreement reach b/c let's jsut say the court rules to stop selln BB in America How does Ntp win let's be real now - who's interest is it to settle Ntp - and why is it that all of NTP's former suits were dropped their frivalous.
The BB Is the standard for email communications and mobile comms when your on top some 1 always wants to knock you off or claim something they didnt' do.

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Maybe NTP has outside financing...a backer who will buy their IP once RIM is sent packing. The idea sucks, but it certainly seems plausible.

"We have long understood the importance of mobile messaging scenarios and have made significant investment in device software, yet only now are we surpassing the Blackberry." - Part of Ray Ozzie's internet service memo.

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Na nah nah, hey hey hey, good bye! Blackberry, your time has come, see ya! Wouldn't want to be ya! You suck! I say Good Riddance.

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