Berry Good News
Research In Motion Ltd. [RIM] shares rose on Monday after recent U.S. patent office and court decisions were seen strengthening the BlackBerry maker’s position in its legal battle with NTP Inc. . . .
RIM received a piece of good news on Friday when the U.S. judge overseeing the case ordered both sides to file final legal briefs by February 1. The deadline was later than some had expected and ensures no injunction will be issued this year.
Separately, the U.S. Patent and Trademark Office last week issued a “non-final action” rejecting a third of five NTP patents at the center of the case.
It has filed similar decisions against two other NTP patents in the past month. Earlier this year, it completed an initial reexamination and issued “first office actions” rejecting all five NTP patents.
Some analysts have warned investors against becoming too euphoric about the rulings, noting the patents are expected to remain valid in the eyes of the court until the process is complete. A lawyer for NTP has said this could take years.
Meanwhile, reports Dennis Crouch, “RIM has requested that the Supreme Court hear its appeal from the Federal Circuit’s decision that that was decided in NTP’s favor in August, 2005.” The question is a pretty important one that affects everyone who (like Likelihood of Confusion) does patent litigation, sooner or later: Do the U.S. patent laws stop short at the borders of the United States, even if personal jurisdiction over a foreign infringer is obtainable?