Supreme Court Rejects BlackBerry Appeal
http://www.washingtonpost.com/wp-dyn/content/article/2006/01/23/AR2006012300
512_pf.html

By Yuki Noguchi
Washington Post Staff Writer
Monday, January 23, 2006; 1:00 PM

The Supreme Court today rejected a petition from BlackBerry maker Research
in Motion Ltd. for a rehearing of its patent-infringement case.

The Canadian maker of the popular wireless e-mail device has been locked in
litigation against NTP Inc., a McLean-based patent-holding company that
holds the licenses for the technology.

RIM may face a court-ordered shut down of most of its 4 million BlackBerrys
in the United States if it cannot settle its case with NTP.

The company has said, however, that is developing a technological
work-around that skirts the patent infringement. RIM has also asked the U.S.
Patent and Trademark Office to review NTP's patents with the hopes that they
would be declared invalid.

In 2002, a jury found RIM violated several key NTP patents and ordered it to
pay royalties, which as of November had accrued to more than $250 million.

"The Supreme Court's denial closed the final path for RIM to avoid
liability," NTP said in a statement today. NTP is an investor in RIM
competitor Good Technology Inc., and has licensing agreements with other
wireless e-mail companies, such as Nokia Corp. and Visto Inc.

A spokesman for RIM played down the significance of today's ruling. "RIM has
consistently acknowledged that Supreme Court review is granted in only a
small percentage of cases and we were not banking on Supreme Court review,"
marketing vice president Mark Guibert said in a statement. "The Patent
Office continues its reexaminations with special dispatch, RIM's legal
arguments for the District Court remain strong and our software work-around
designs remain a solid contingency."
© 2006 The Washington Post Company



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