main
Report a problem

Supreme Court Denies BlackBerry Appeal

Shane Pitman   on 24 January 2006 - 00:45 · 18 comments & 6016 views

Advertisement (Why?)
BlackBerry users are once again focusing their attention on Richmond, VA and U.S. District Court of Judge James R. Spencer. On Monday the Supreme Court declined to hear an appeal from BlackBerry maker Research In Motion Ltd. leaving it in the hands of the District Courts who could impose an injunction, cutting off access to millions of users in the US.

This is the latest step in a legal battle initiated by NTP Inc., a small Virginia company, who claims ownership of a patent on the technology that drives the BlackBerry platform. This latest step in the proceedings comes after a previous federal appeals court ruling decided that Canada based RIM did indeed infringe on the patents held by NTP. RIM has argued that it isn't subject to US patent infringement laws because it is based in Canada along with the main relay station for its e-mail and data transmission services. The federal appeals court ruling stated that RIMs customers in the US, of which there are about 3 million, are indeed subject to U.S. laws governing patent infringement and intellectual property rights, and could thus be prevented from using the BlackBerry service.

While the average U.S. Joe Schmoe BlackBerry owner may be standing on shaky ground, it seems Uncle Sam and his employees are above the patent and intellectual property laws that are at the center of this debate. NTP attorneys have said that government and emergency workers who have come to rely on BlackBerry service for their work, would be exempt from any potential "BlackBerry Blackout" while other users could be out of luck.

News source: The Sun Journal / Associated Press
News source: MSNBC




Post a comment · Send to friend Comments · There are 18 additional comments
(1 reply) #1 on 01 Jan 1970 - 00:00
#1.1 shanepitman on 24 Jan 2006 - 00:54
That was one of the big things that made RIM and BlackBerry users alike think that the courts would never allow their service to be disrupted, because so many U.S. government agencies use the BlackBerry platform. Now NTP's lawyers have stepped in and smartly said "hey, we're willing to let the government and emergency workers keep on going regardless". That gives the government a lot of room to relax, albeit unfairly. I think if they decide that service in the U.S. is unlawful then government agencies should get the same 30 day period to move to another service provider.
(1 reply) #2 on 01 Jan 1970 - 00:00
#2.1 shanepitman on 24 Jan 2006 - 01:06
I hope you're right. I just switched to a BlackBerry when Nextel introduced the 7100i and I rely on it heavily every day for my business.
#3 creamhackered on 24 Jan 2006 - 10:26
Well this affect people in the UK or Europe?

Commenting has either been disabled on this article or you are not logged in. Click here to login or register, its free!

Note: Anonymous commenting is disabled in order to keep the quality of responses to a high standard.

Advertisement (Why?)