Feeds

RIM refused rehearing in BlackBerry case

No, says Court of Appeals

Choosing a cloud hosting partner with confidence

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.

Internet Security Threat Report 2014

More from The Register

next story
Bono apologises for iTunes album dump
Megalomania, generosity and FEAR of irrelevance drove group to Apple deal
Facebook, Apple: LADIES! Why not FREEZE your EGGS? It's on the company!
No biological clockwatching when you work in Silicon Valley
Doctor Who's Flatline: Cool monsters, yes, but utterly limp subplots
We know what the Doctor does, stop going on about it already
Happiness economics is bollocks. Oh, UK.gov just adopted it? Er ...
Opportunity doesn't knock; it costs us instead
Arab States make play for greater government control of the internet
Nerds told to get lost in last-minute power grab bid at UN meeting
'Cowardly, venomous trolls' threatened with TWO-YEAR sentences for menacing posts
UK government: 'Taking a stand against a baying cyber-mob'
Zippy one-liners, broken promises: Doctor Who on the Orient Express
Series finally hits stride, but Clara's U-turn is baffling
Don't bother telling people if you lose their data, say Euro bods
You read that right – with the proviso that it's encrypted
prev story

Whitepapers

Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Win a year’s supply of chocolate
There is no techie angle to this competition so we're not going to pretend there is, but everyone loves chocolate so who cares.
Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
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?
Saudi Petroleum chooses Tegile storage solution
A storage solution that addresses company growth and performance for business-critical applications of caseware archive and search along with other key operational systems.