Originally Posted by Good_Guy
Interesting note regarding the NTP case:
"2005-11-11 07:18 ET - In the News
The Financial Post reports in its Friday edition that the U.S. government waded into the high-stakes legal battle between Research in Motion and patent collector NTP Inc. Thursday, saying a possible U.S. ban of the popular BlackBerry wireless e-mail device could put essential government services in jeopardy. The Post's Kevin Restivo quotes the U.S. Department of Justice stated in a court filing, "The injunction would literally prevent RIM from providing the services that would be essential for the federal government, as well as state and local governments, to continue their use of the BlackBerry devices." The government department wants 90 days notice before a U.S. trial court enforces the potentially crippling injunction on BlackBerry devices in the United States to ensure public workers can keep using the devices. Lance Johnson, a Washington intellectual property lawyer, said the filing is good news for RIM. "This really throws a wrench into things [for NTP]," Mr. Johnson said. "It brings to this [legal] forum a national-security and government-functioning imperative that was not there before." NTP has said the injunction will not affect U.S. government and emergency workers"
11/11 12:19P (DJ) =DJ U.S. Government Seeks To Ensure BlackBerry Continuity
Story 4381 (RIM.T, RIMM, CA7609751028, I/CMT, I/TEL, I/XDJGI, I/XISL...)
By Mark Heinzl
OF THE WALL STREET JOURNAL
TORONTO (Dow Jones)--The U.S. government is seeking to ensure that
BlackBerry emails continue to run among its staff if a Virginia court issues
an injunction on BlackBerry sales and service in the U.S.
The U.S. government filed a "statement of interest" in U.S. District Court
in Virginia, which is overseeing a patent-infringement battle between
BlackBerry maker Research In Motion Ltd. (RIMM), or RIM, and Virginia patent
firm NTP Inc. The court plans to examine whether it should enforce a failed
$450 million settlement between RIM and NTP. If the failed settlement isn't
enforced, NTP plans to ask the court to reissue a previously stayed injunction
on U.S. BlackBerry sales and service.
NTP has said any injunction wouldn't apply to U.S. federal, state and local
governments. But the U.S. government said in its filing that is easier said
"The U.S. government is a major user of BlackBerry devices and technology to
allow its employees to access email, and to send messages, when they are away
from their offices," the filing said. If there is an injunction "it is
imperative that some mechanism be incorporated that permits continuity of the
federal government's use of BlackBerry devices," it said.
"There appear to be significant issues with the manner in which any
injunction is phrased and implemented," the filing said. "There does not
appear to be a simple manner in which RIM can identify which users of
BlackBerries are part of the federal government, so that email directed to
them can be relayed through the BlackBerry system," it said.
One possibility, the government said, would be to create a database with a
"whitelist" of devices used by the federal government and others exempted from
an injunction, though this would raise "some substantial challenges that
cannot be instantly surmounted."
The government also said that, given the complexity and expense involved in
creating a whitelist, the court should stay any injunction for at least 90
days. During that time, the U.S. Patent and Trademark Office may issue a final
decision in its reexamination of NTP's patents, the government noted.
The PTO has issued preliminary rejections of NTP's patents at issue, and
RIM, based in Waterloo, Ont., has been hoping the PTO will conclude the
reexamination in its favor in time to affect the District Court case. Judge
James Spencer, however, said this week it is "highly unlikely" he will stay
the proceedings to allow the PTO to finish its reexamination. NTP has said it
would appeal any adverse rulings by the PTO.
"There may also be a substantial public interest that would be impaired by
enjoining commercial use of BlackBerry devices," the government filing said.
"The government needs additional time, however, to assess such further public
Company Web Site: http://www.rim.net
-Mark Heinzl, The Wall Street Journal; 416-306-2014,
(END) Dow Jones Newswires
Copyright (c) 2005 Dow Jones & Company, Inc.
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