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Old 11-30-2005, 01:33 PM   #1
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Default [2005-11-30] US judge deals RIM blow in BlackBerry patent case

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WASHINGTON (Reuters) - BlackBerry maker Research In Motion Ltd. on Wednesday was pushed closer to a possible shutdown of its U.S. mobile e-mail service after a judge refused to delay a patent infringement case and rejected a disputed settlement with patent holder NTP Inc.

U.S. District Judge James Spencer said he would request briefs and set a hearing date to deal with the remaining issues of injunctive relief and appropriate damages against RIM.

"Valid patents would be rendered meaningless if an infringing party were allowed to circumvent the patents' enforcement by incessantly delaying and prolonging court proceedings, which have already resulted in a finding of infringement," Spencer said in his ruling.

Still pending before Spencer is a request by NTP to move forward with an injunction that would halt U.S. sales of the BlackBerry and shut its service.

Spencer granted an injunction in 2003 after the patent-holding company successfully sued RIM in the U.S. District Court for Eastern Virginia, but the ruling was stayed pending appeal.

Waterloo, Ontario-based RIM and NTP, of McLean Va., reached the outlines of a $450 million settlement in March, but the deal fell apart over the details.

An appeals court in August scaled back an infringement ruling against RIM, but upheld some of NTP's patent infringement claims.

Shares in RIM were halted pending news. A RIM spokeswoman did not immediately return calls and e-mails seeking comment.
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