RIM Fears US Ban In Patent Dispute

by Glen Shapiro, LawAndTax-News.com, New York

25 October 2005

Canadian technology firm, Research In Motion revealed on Friday that the US Court of Appeals for the Federal Circuit had issued a new ruling in the patent litigation between RIM and NTP, Inc.

The Federal Circuit denied RIM's motion to stay further proceedings in the case until the US Supreme Court decides whether it will accept an appeal of the decision in this case, and remanded the case to the District Court for further proceedings based on the Federal Circuit's decision of August 2, 2005.

RIM revealed that it expects that NTP will imminently file a new motion asking the District Court to enter an injunction prohibiting RIM from providing BlackBerry service and from using, selling, manufacturing or importing its handhelds and software in the United States.

While RIM maintains that an injunction is inappropriate given the facts of the case and substantial doubts raised subsequent to trial as to the validity of the patents in question, it ultimately will be up to the Courts to decide these matters and there can never be an assurance of a favorable outcome in any litigation.

RIM went on to announce that it will ask the Supreme Court to suspend the court proceedings while RIM seeks a Supreme Court review of the case.

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