By Greg Sandoval, 2 December 2005 15:15
NEWS
Battered by two recent setbacks in court, RIM won a round in its long-running patent battle with NTP on Thursday when the US Patent and Trademark Office rejected one of the claims made by RIM's adversary.
Patent-holding firm NTP contends that it owns the patents for the technology that powers RIM's BlackBerry handheld devices but the Patent Office recently received information that a Norwegian firm may have filed patents prior to NTP, according to various media sources. The ruling by the Patent Office is not final and NTP will have an opportunity to file a response.
The ruling came a day after a federal judge rejected Waterloo, Ontario-based RIM's request to approve a $450m settlement with NTP. The judge also balked when RIM requested the case be halted until the Patent Office had re-examined the validity of NTP's patents.
At stake is RIM's right to operate in the US. NTP has already won an injunction that would force RIM to pull the plug on its US-based BlackBerry service. RIM has said it could implement alternative methods to keep its service running, and experts expect that if the BlackBerry maker fails to triumph in court it would reach a settlement with NTP, albeit an expensive one.
RIM has asserted that the technology which enables BlackBerrys to forward email automatically was not pilfered.
A final determination on the patents may not be reached for months.
Greg Sandoval writes for CNET News.com
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