The USPTO has already issued
a preliminary rejection of two of the five patents that are the
basis of NTP's case. On Tuesday it issued a preliminary rejection
of another two, and it has yet to issue a ruling on the fifth.
The latest ruling will be a boost to RIM, which recently
announced that the two companies were returning to court, despite
agreeing settlement terms in March.
That agreement was supposed to resolve NTP’s allegations that
certain RIM products were infringing on patents covering a method
of using radio frequency wireless communications in e-mail systems.
It provided that RIM would pay $450 million to NTP in return for an
unfettered right to continue its BlackBerry-related wireless
business without further interference from NTP or its patents.
However, the two firms are now arguing about the scope of the
agreement. They also disagree about the impact of the USPTO
ruling.
Speaking to the Associated Press, NTP lawyer James Wallace said
that it would be years before the USPTO could issue a final ruling
on the patents.
"The courts have said that a non-final ruling by the patent
office won't have bearing on litigation," he said.
Not so, said RIM's CEO, James Balsillie.
"Go to any lawyer involved in this stuff. This is a very
material development," he advised. "This comes after two years of
work by [the USPTO]. To say this is another day, a walk in the
park, is stretching credulity."
