One NTP Patent in BlackBerry Case Gets Final Rejection

NEW YORK -- In the latest twist in the five-year patent dispute between BlackBerry device maker Research in Motion and patent-holding company NTP, the U.S. Patent and Trademark Office today issued a final rejection of one of the five patents in NTP's suit against RIM.

NTP can now appeal the decision to the Patent Office Board or to a federal court. A document regarding the final rejection was posted at the Patent Office Web site, and RIM also announced the decision in a press release. (The final rejection information is available here.)

Background

The dispute began in 2001, when NTP charged in a lawsuit that it owns the patents on wireless technology used in RIM's popular BlackBerry devices and server software. In August 2003, a U.S. court awarded NTP $53.7 million in damages and ordered an injunction that would prevent RIM from making, selling, or servicing its devices and server software in the United States. That injunction, however, was stayed while RIM appealed the decision.

As the case has proceeded through the courts, the U.S. Patent and Trademark Office has continued to review the validity of NTP's patents. The patent office has already issued preliminary rejections of most of NTP's patents.

Hearing on February 24

Meanwhile, NTP and RIM this Friday will appear at a hearing before U.S. District Court Judge James Spencer, who will decide whether to enforce the injunction of U.S. BlackBerry sales. The district court hearing the case is in eastern Virginia.

RIM has said, however, that--even if an injunction is enforced--it has developed software that would enable it to continue to offer its wireless e-mail service to BlackBerry users.

NTP lead counsel James Wallace of Wiley, Rein & Fielding was not available for comment.