The
Court of Appeals sent Research In Motion's long-running case
against patent-owner NTP Inc. to the District Court for further
proceedings. Earlier this month, the Court of Appeals denied RIM's
petition to rehear a decision in August that upheld most of NTP's
patent infringement claims over the BlackBerry device, although it
dismissed one relating to a business method patent.
RIM said on Friday that it expects the District Court will
decide all matters relating to the enforcement of the settlement
agreement announced by the parties in March, the impact of the
Patent Office re-examinations of the NTP patents on the litigation,
and the further proceedings ordered by the Federal Circuit in its
August ruling.
RIM said it also expects that NTP will imminently file a new
motion asking the District Court to enter an injunction prohibiting
RIM from providing BlackBerry service and from using, selling,
manufacturing or importing its handhelds and software in the
US.
While RIM maintains that an injunction is inappropriate given
the facts of the case and substantial doubts raised subsequent to
trial as to the validity of the patents in question, it
acknowledged that it ultimately will be up to the courts to decide
these matters and said "there can never be an assurance of a
favourable outcome in any litigation."
In addition, RIM will ask the Supreme Court to suspend the court
proceedings while RIM seeks Supreme Court review of the case. While
further review by the Supreme Court is generally uncommon, RIM said
it continues to believe this case raises significant national and
international issues warranting further appellate review.
The company points out that all of the NTP patent claims have
now been rejected by the Patent Office in its initial rulings in
re-examination proceedings, based in part on prior art not
considered in the District Court trial in 2002.
