Feeds

Final appeal in RIM's US Blackberry battle

Faces $100m bill if unsuccessful

  • alert
  • submit to reddit

Choosing a cloud hosting partner with confidence

Research in Motion will make its last stand today (Monday) in the battle for the Blackberry, specifically for the right to sell the Blackberry in the US.

It is appealing an injunction issued against it preventing it from selling or servicing the device in the US. The injunction was granted in August last year when the court found RIM had infringed upon several patents held by IP holding company, NTP, but was stayed pending an appeal.

It will present its arguments at the Court of Appeals for the Federal Circuit in Washington, the New York Times reports. In a written submission filed with the court RIM says the ruling is "fraught with error".

As well as the injunction, the District Court for the Eastern District, in Richmond, ordered the company to pay NTP, $53.7m in damages. With legal fees and interest added to this figure, the bill RIM faces is closer to $100m, lawyers for NTP said.

NTP originally sued RIM for infringement, but now RIM contends that the patents are invalid. The patent office is reexamining all five patents, although it is not hearing evidence from RIM in four of the five cases.

The patents concerned are numbers 5,625,670; 5,631,946; 5,819,172; 6,067,451 and 6,317,592. They cover a variety of systems for radio email transfer.

Although lawyers for NTP are bullish, describing the RIM's challenge as "bet your company litigation", the injunction award is unlikely to be their ideal outcome. After all, RIM won't have to pay royalties on products is it not allowed to sell.

Last year, the district court ordered the two sides to negotiate a royalties settlement, but so far there has been no agreement. ®

Related stories

Good Technology settles with Lawsuits in Motion
RIM makes mobile gains while Palm, Sony and Dell falter
SonyEricsson follows Palm in RIM deal

RIM faces fresh lawsuit
Lawsuits in Motion to pay $53m

Intelligent flash storage arrays

Whitepapers

Cloud and hybrid-cloud data protection for VMware
Learn how quick and easy it is to configure backups and perform restores for VMware environments.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Three 1TB solid state scorchers up for grabs
Big SSDs can be expensive but think big and think free because you could be the lucky winner of one of three 1TB Samsung SSD 840 EVO drives that we’re giving away worth over £300 apiece.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.