Monday, October 10, 2005
A U.S. appeals court refused to reconsider an earlier ruling that upheld patent infringement charges against RIM and their popular BlackBerry wireless e-mail device.
The company had asked that all the judges on the U.S. Court of Appeals for the Federal Circuit reconsider the ruling of a three-judge panel.
A December appellate ruling concluded that the maker of the BlackBerry infringed on 11 patent claims held by a U.S. patent holding company called NTP Inc. In August, the court scaled that back to seven claims.
NTP successfully sued Waterloo, Ontario-based RIM in 2002, when a lower court ruled RIM infringed on 16 claims tied to five patents. The appeals court rulings reversed some but not all of those infringement findings.
NTP said in a statement that the appeals court ruling means the case will go back to a lower court for "re-confirmation" of an injunction that would shut down the BlackBerry service in the United States. The injunction, granted in 2003, had been stayed by the lower court judge pending the appeal process.
An NTP lawyer said the firm would move quickly to get the case back before the lower court and ask for an injunction.
By: DocMemory
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