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Networking: Feds calls BlackBerry essential
Technology : November 14, 2005
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The feds are intervening in a 5-year-old patent case against Research in Motion Ltd., the Canadian-based developer of BlackBerry, arguing in court papers filed last week that the networked wireless computing devices are essential and a network outage could cause severe problems for the U.S. government.
"The injunction would, literally, prevent RIM from providing the services that would be essential for the federal government, as well as state and local governments, to continue their use of the BlackBerry devices," the U.S. Department of Justice argued in a court filing.
Experts tell United Press International's Networking that the case -- before a federal judge in Richmond, Va., who has promised to move "swiftly" on the matter -- could be one of the biggest computer cases in history.
The trial against the maker of BlackBerry opened last week after the U.S. Supreme Court refused to grant a stay in the patent proceeding. NTP, another technology developer, is suing Blackberry, and if the plaintiff prevails in a request for an injunction, the popular business e-mail service could be shuttered.
"This case is a good example of the power of the patent," said Douglas A. Miro, partner with the intellectual-property law firm Ostrolenk, Faber, Gerb & Soffen LLP of New York. "The implications are enormous. Needless to say, if the district court grants NTP's injunction request, without a last-minute settlement, RIM probably can not stay in business in the United States."
Miro said that RIM's chances of convincing the court not to grant the injunction are minimal -- based solely on legal grounds. "NTP is sitting pretty because it knows RIM must pay it an enormous sum of money to stay in business," he added.
Another attorney said the case promises to be one of the most momentous patent cases in history. "This could turn out to be as big as or bigger than Kodak v. Polaroid, in which an injunction based upon Polaroid's patents put Kodak out of the instant camera business," said Bob Fieseler, partner and board member with McAndrews, Held & Malloy, based in Chicago.
physorg.com
Government plea in BlackBerry case
OUT-LAW News, 14/11/2005
The US Justice Department has stepped into the ongoing patent infringement suit against BlackBerry-maker Research in Motion (RIM), asking the court to ensure that any injunction on the use of US BlackBerrys will not affect Government workers.
According to the Washington Post, the Justice Department has filed a “statement of interest” with the US District Court for the Eastern District of Virginia, seeking a 90-day delay so that government agencies can compile a list of workers who would be affected by a BlackBerry shutdown.
These workers, says the Department, should then be exempted from any service cut-off imposed by the court.
The Department has also expressed concern that "there may be a substantial public interest that may be impaired" if the BlackBerry service is closed down, reports the newspaper.
The District Court is due to consider arguments on the merits of some of the patent claims brought by holding company NTP Inc., following last month’s refusal by the Supreme Court to rehear an appeal by RIM against a Court of Appeal ruling.
The District Court will also decide whether to impose an injunction prohibiting RIM from selling the BlackBerry and any other products, software or services using the disputed technology, in the US.
According to reports, NTP has already confirmed that government workers will not be impacted by an injunction, but the Administration is concerned as to how this will be ensured in practice.
Background
NTP sued in November 2001, claiming that certain RIM products were infringing on patents covering a method of using radio frequency wireless communications in e-mail systems.
RIM was found guilty of patent infringement in November 2002, when a jury awarded NTP Inc damages of $53.7 million and imposed an injunction – which was then stayed pending an appeal.
The injunction was lifted by the US Court of Appeals for the Federal Circuit in Washington in August this year, after the court found that the BlackBerry did infringe on some of NTP’s patents, but that one of the lower court’s key definitions, relating to the term “originating processor," was too wide. The Court of Appeals therefore returned the case to the District Court for further arguments over the claims that may have been affected by the flawed definition.
RIM appealed, asking that the full Appeals Court re-consider the case, but the Appeals Court and the US Supreme Court have both refused to take the case further.
Separately, the US Patent and Trademark Office has cast doubt on all of the patents involved in the dispute. RIM hopes that the USPTO rulings, which are independent from the litigation process, will boost its arguments before the District Court.
See: Washington Post report
See also:
* RIM refused rehearing in BlackBerry case, OUT-LAW News, 10/10/2005
* Patent Office ruling backs BlackBerry, OUT-LAW News, 03/10/2005
* BlackBerry ruling gives RIM some relief, OUT-LAW News, 03/08/2005
* Half-page deal torn apart in BlackBerry patent dispute, OUT-LAW News, 13/06/2005
* Patent Office doubts patents in BlackBerry dispute, OUT-LAW News, 24/06/2005
* RIM settles BlackBerry dispute, OUT-LAW News, 17/03/2005
* RIM did infringe patents, says Court, OUT-LAW News, 15/12/2004
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