Judge sets a deadline in RIM-NTP patent case — MobileMonday Global: Industry News

^{Final legal briefs by 1 February} Judge sets a deadline in RIM-NTP patent case

20 Dec 2005 at 19:05 GMT Timo Poropudas

The RIM-NTP patent infringement case moved another step forward when the sitting federal judge on Friday ordered both sides to file final legal briefs by first of February. The patents in dispute cover a large area in mobile email technology and service. Patent-holding company NTP is seeking a shutdown of most US BlackBerry sales and service in the United States. According to an order issued by the US District Judge James Spencer, both sides have until 17 January to submit briefs on a possible injunction and damages. They then have until 1 February to respond to each other. According to Reuters Spencer said he would contact the sides next month to schedule a court hearing. A jury found in NTP’s favour in 2002. In 2003, Spencer granted an injunction that would have halted US sales of the BlackBerry and shut down its service, but stayed the injunction pending appeal. An appeals court in August scaled back the ruling against RIM, but upheld some patent infringement claims. At the end of November, Spencer refused to force NTP to accept USD 450 million from RIM as a settlement. RIM has said it has prepared a software upgrade that can be used to work around the disputed patents and avoid a shutdown. In a related development on Friday, the US Patent and Trademark Office ruled against a third patent held by NTP that is at the centre of the patent infringement case.