Blackberry War Continues With Temporary Stay of Execution for RIM

RIM’s stock price shot up yesterday as soon as a judge stopped short of issuing an immediate injunction. Various news reports cite U.S. District Judge James Spencer as saying there was no escaping that RIM had been found to be infringing on NTP’s patents. He said he would issue a decision on an injunction “as soon as reasonably possible,” Reuters reported.

While both RIM and NTP slugged it out in court today, RIM announced it had received confirmation that the U.S. Patent and Trademark Office had rejected the final NTP wireless e-mail patent it had been reviewing. The Patent Office has now rejected all nine NTP patents it has reviewed in its reexamination, according to RIM’s statement.

NTP has reminded the public that both a jury and district court ruled the patents to be valid. The U.S. Court of Appeals also affirmed the determination regarding the validity and infringement of the NTP patents.

RIM, which boasts some 4.3 million BlackBerry subscriber accounts, has said it developed a workaround solution and that any potential shutdown should be postponed until all patent decisions and appeals are over. NTP says it shouldn’t be forced to endure perceived patent infringement during what could be a protracted patent appeal process.

Stay tuned. The fat lady has not yet sung.


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