Blackberry's In Trouble In The Usa

[aido]

http://www.nytimes.com/2005/10/08/technolo...=rssnyt&emc=rss

OTTAWA, Oct. 7 - A court decision Friday renewed the possibility that service to BlackBerry wireless e-mail devices might be cut off for most users in the United States.

The United States Court of Appeals for the Federal Circuit in Washington rejected a request by Research in Motion, the Canadian company that makes the BlackBerry, to rehear its appeal of a patent infringement case brought by NTP Inc., the patent holder. A three-judge panel of the court ruled in August that Research in Motion had violated seven of NTP's patents.

As part of that litigation, NTP, whose only assets are wireless e-mail related patents, had been granted an injunction banning the sale of BlackBerry devices in the United States and forcing Research in Motion to stop providing e-mail services to all American customers except government account holders.

While the court declined Research in Motion's request for a complete rehearing by all 12 of its judges, it did order the panel of three judges to review some aspects of NTP's patent claims.

Kevin Anderson, a lawyer for NTP, said the company would now ask the court to apply the injunction to the patent claims that are no longer under review. Those patents, he added, are broad enough to prevent Research in Motion from continuing service in the United States, which accounts for about 70 percent of its revenue.

"The case is pretty much over," Mr. Anderson said.

Friday afternoon, however, Research in Motion said it would request that the court hold off on any action while it asks the Supreme Court for a review, although it acknowledged that such reviews are "uncommon" in patent cases.

"RIM continues to believe this case raises significant national and international issues warranting further appellate review," the company said.

Shares of Research in Motion hit a 52-week low of $64.55, down $2.42.

With the backing of the Canadian government, Research in Motion has argued in court that NTP's claims do not apply to BlackBerry software because it is held only on computers near its headquarters in Waterloo, Ontario. NTP does not hold any wireless e-mail patents in Canada. It is based in Annandale, Va.

I know a few of you guys working for American companies as well as UK companies are using these devices, sounds like your US counterparts won't be able to use them until they sort out this legal battle, sounds crazy that they're making them still provide service to the US government but telling them they cannot provide services to any corporates!

Maybe they'll rethink the patent system over there as it was getting silly lately!

[Zee007]

PMSL!

[Fidgits]

damn - our company is just introducing them - i'm supposed to get mine in a couple of weeks!

[Zee007]

damn - our company is just introducing them - i'm supposed to get mine in a couple of weeks!

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Should have no impact here Ian. Mine still works a treat..... :D

[Fidgits]

Yeah, but because of the way the contracts work - i have to have it under a US T-mobile contract for the first 3 months...

[Zee007]

Yeah, but because of the way the contracts work - i have to have it under a US T-mobile contract for the first 3 months...

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Think your finance people need their heads seeing too.....

Vodafone works out a lot cheaper (and we are a US company too)....

[aido]

Oh dear, I hope it has some games on there to play then Ian as otherwise you won't be able to do much else with it :P

Give it to me

[Damer]

My work one is on T Mobile, will we be effected?

[Zee007]

My work one is on T Mobile, will we be effected?

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NO.

[aido]

The articles says only service in the USA is affected - I assume therefore that Canada and RoW will not be affected so you should be ok for now - I did see an interesting comment from someone wondering what the outcome would have been if NTO had been Canadian and RIM American - does make you wonder!

[Fidgits]

Yeah, but because of the way the contracts work - i have to have it under a US T-mobile contract for the first 3 months...

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Think your finance people need their heads seeing too.....

Vodafone works out a lot cheaper (and we are a US company too)....

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You have no idea...

Since we are in the process of moving the offices around (to get rid of excess space) they decided not to have last weeks sales conference in the office, and instead decided to ship everyone to a casino in Lake Tahoe for the week!

[Zee007]

and instead decided to ship everyone to a casino in Lake Tahoe for the week!

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ah - that will explain why they want you to have an American blackberry contract then........

[Fidgits]

no - that was explaining their attitude to finances... ;)

[Zee007]

no - that was explaining their attitude to finances... ;)

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and I was being sarcastic.......

[Fidgits]

no - that was explaining their attitude to finances... ;)

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and I was being sarcastic.......

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I could tell :mat: