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In a twist of RIM case a judge allows the company to keep selling the Blackberry product and services
Posted on 7-Aug-2003 18:49. | Tags Filed under: News.


In a twist of RIM case a judge allows the company to keep selling the Blackberry product and services
Research In Motion Limited (RIM), makers of the Blackberry device provided an update today following a key ruling delivered by the United States District Court for the Eastern District of Virginia in the NTP Inc. vs. RIM litigation matter. This ruling favored RIM and allows RIM to continue selling its products and services in the United States without interruption. The Court granted RIM's request to stay the injunction sought by NTP Inc. pending the completion of RIM's appeal (to the Court of Appeals for the Federal Circuit). RIM today reiterated its intention to appeal the judgment entered by the Court (that was based on the jury verdict rendered on November 21, 2002) as well as several rulings made by the Court during the course of the case.

RIM also plans to petition the Court of Appeals to stay the appeals process pending the reexamination of the disputed patents by the U.S. Patent and Trademark Office. Subsequent to the jury verdict in November, the Director of the Patent and Trademark Office initiated a reexamination of several patents held by NTP Inc., including four of the five patents disputed in the NTP Inc. vs. RIM litigation. Further, the U.S. Patent and Trademark Office has now also granted a reexamination request in regard to the fifth patent-in-suit. As a result, all five of the NTP Inc. patents litigated will be reexamined.

"We are obviously pleased with today's ruling and believe that the District Court's decision to stay the injunction is especially appropriate given the frequency of successful appeals at the appellate level as well as the specific merits of RIM's appeal and the impending reexamination of the disputed patents by the U.S. Patent and Trademark Office," said Henry Bunsow, RIM's lead counsel and partner at Howrey Simon Arnold & White, LLP. "RIM has always disputed the validity and infringement of the NTP Inc. patents and we continue to believe the jury verdict was wrong as both a matter of law and fact. We now look forward to the thorough reexamination of these patents by the U.S. Patent and Trademark Office and to the review of the entire record by the Court of Appeals. While the remaining reexamination and appeal processes may take several years to complete, we remain confident that RIM will ultimately prevail in this matter."

The Company has previously recorded provisions to account for the monetary damages awarded in this litigation to date. The litigation between NTP Inc. and RIM is ongoing and the current jury verdict, rulings, damages and other awards in this litigation remain subject to appeal.



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