The U.S. Supreme Court denied RIMís request to review issues concerning the extraterritorial reach of U.S. patent law, part of the patent litigation between Research In Motion Limited (RIM) and NTP, Inc.
According to RIM, while review by the Supreme Court is generally uncommon, the company sought review because it believes the case raises significant national and international issues.
The District Court will set a hearing date at a later time for further proceedings in the case based on the remand from the U.S. Court of Appeals for the Federal Circuit.
In its briefings, NTP has asked the District Court to enter a new injunction prohibiting RIM from providing BlackBerry service and from using, selling, manufacturing or importing its handhelds and software in the United States. The District Court will schedule a hearing prior to deciding each of these matters.
RIM maintains that an injunction is inappropriate given the specific facts of this case, including the rejection of NTP patent claims by the Patent Office.
The company also says there is the ability to fully compensate NTP through ongoing royalty payments in lieu of an injunction. An injunction would see the Blackberry push e-mail service shutdown in the USA.
As a contingency, RIM has been busy preparing software workaround designs which it intends to implement if necessary to maintain the operation of BlackBerry services in the United States.