Feeds

RIM refused rehearing in BlackBerry case

No, says Court of Appeals

Boost IT visibility and business value

A US Federal Court of Appeals on Friday refused to rehear an appeal by RIM in respect of a dispute over the BlackBerry-maker's alleged infringements of patents relating to radio frequency wireless communications in email systems.

RIM had been hoping that a 12-judge panel would rehear the case, after an August ruling by three judges of the same court found that the Canadian company had violated seven of the patents under consideration.

The case will now return to the District Court for further arguments on the merits of some of the patent claims and a decision on whether to impose an injunction prohibiting RIM from selling the BlackBerry and any other products, software or services using the disputed technology, in the US.

RIM plans to ask the Supreme Court to review the case, according to reports, arguing that the “case raises significant national and international issues warranting further appellate review." In particular, says RIM, US patent law should not apply in this case because the controlling BlackBerry software is found on computers in Canada – beyond the jurisdiction of US courts.

Background

RIM was found guilty of patent infringement in November 2002, when a jury awarded holding company NTP Inc damages of $53.7m and imposed an injunction – which was then stayed pending an appeal.

The injunction was lifted by the US Court of Appeals for the Federal Circuit in Washington in August this year, after the court found that the BlackBerry did infringe on some of NTP’s patents, but that one of the lower court’s key definitions, relating to the term “originating processor," was too wide. The Court of Appeals therefore returned the case to the District Court for further arguments over the claims that may have been affected by the flawed definition.

RIM appealed, asking that the full Appeals Court re-consider the case, but the Appeals Court on Friday refused to take the case further. Separately, the US Patent and Trademark Office last week cast doubt on all of the patents involved in the dispute, issuing a preliminary rejection of a key patent in the case. The USPTO has now cast doubt on all eight of the patents relevant to the dispute.

RIM hopes that the USPTO rulings, which are independent of the litigation process, will boost its arguments before the District Court.

Copyright © 2005, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

Best practices for enterprise data

More from The Register

next story
Amazon says Hachette should lower ebook prices, pay authors more
Oh yeah ... and a 30% cut for Amazon to seal the deal
Philip K Dick 'Nazi alternate reality' story to be made into TV series
Amazon Studios, Ridley Scott firm to produce The Man in the High Castle
Nintend-OH NO! Sorry, Mario – your profits are in another castle
Red-hatted mascot, red-colored logo, red-stained finance books
Sonos AXES support for Apple's iOS4 and 5
Want to use your iThing? You can't - it's too old
Joe Average isn't worth $10 a year to Mark Zuckerberg
The Social Network deflates the PC resurgence with mobile-only usage prediction
Feel free to BONK on the TUBE, says Transport for London
Plus: Almost NOBODY uses pay-by-bonk on buses - Visa
Twitch rich as Google flicks $1bn hitch switch, claims snitch
Gameplay streaming biz and search king refuse to deny fresh gobble rumors
Stick a 4K in them: Super high-res TVs are DONE
4,000 pixels is niche now... Don't say we didn't warn you
prev story

Whitepapers

7 Elements of Radically Simple OS Migration
Avoid the typical headaches of OS migration during your next project by learning about 7 elements of radically simple OS migration.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
Solving today's distributed Big Data backup challenges
Enable IT efficiency and allow a firm to access and reuse corporate information for competitive advantage, ultimately changing business outcomes.
A new approach to endpoint data protection
What is the best way to ensure comprehensive visibility, management, and control of information on both company-owned and employee-owned devices?