Court Ruling in BlackBerry Case Puts Service to U.S. Users at Risk

[David Farber <dave () farber net>]

Begin forwarded message:

From: Monty Solomon <monty () roscom com>
Date: October 9, 2005 2:19:46 PM EDT
To: undisclosed-recipient:;
Subject: Court Ruling in BlackBerry Case Puts Service to U.S. Users  
at Risk




Court Ruling in BlackBerry Case Puts Service to U.S. Users at Risk

By IAN AUSTEN
October 8, 2005

OTTAWA, Oct. 7 - A court decision Friday renewed the possibility that
service to BlackBerry wireless e-mail devices might be cut off for
most users in the United States.

The United States Court of Appeals for the Federal Circuit in
Washington rejected a request by Research in Motion, the Canadian
company that makes the BlackBerry, to rehear its appeal of a patent
infringement case brought by NTP Inc., the patent holder. A
three-judge panel of the court ruled in August that Research in
Motion had violated seven of NTP's patents.

As part of that litigation, NTP, whose only assets are wireless
e-mail related patents, had been granted an injunction banning the
sale of BlackBerry devices in the United States and forcing Research
in Motion to stop providing e-mail services to all American customers
except government account holders.

While the court declined Research in Motion's request for a complete
rehearing by all 12 of its judges, it did order the panel of three
judges to review some aspects of NTP's patent claims.

Kevin Anderson, a lawyer for NTP, said the company would now ask the
court to apply the injunction to the patent claims that are no longer
under review. Those patents, he added, are broad enough to prevent
Research in Motion from continuing service in the United States,
which accounts for about 70 percent of its revenue.

...

http://www.nytimes.com/2005/10/08/technology/08rimm.html? 
ex=1286424000&en=36a03410727d06ab&ei=5090



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