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GLENAYRE SUES RIM FOR PATENT INFRINGEMENT

Glenayre Technologies Inc.’s Wireless Access Group charged Research In Motion Ltd. with patent infringement on RIM two-way messaging devices.

The Glenayre division said it filed a federal lawsuit in the Northern District of California last week seeking unspecified damages from RIM.

Both companies make two-way messaging products. RIM devices transmit on packet data technology such as Mobitex, while Glenayre pagers are used with ReFLEX-based networks. At issue, however, is the power source.

Glenayre claims RIM is violating its patent regarding power generation from a dual battery source. Glenayre pagers feature two batteries-a Nickel Cadmium battery inaccessible to the user and a replaceable AA battery, off which the NiCad battery charges. Glenayre claims RIM’s Inter@ctive pager line-which includes the 800/900, 850, 950 and BlackBerry devices-uses this same patented process.

“Based upon a preliminary review of the patent by RIM’s counsel, the company believes it has several meritorious defenses and intends to vigorously assert them in due course,” RIM said.

RIM said its pagers have featured this power generation process since it first began making the devices, and became aware of Glenayre’s patent only when Glenayre offered to license the process to RIM under a $4 million nonexclusive agreement.

Glenayre pursued legal action after the licensing agreement fell through, said Gary Hermansen, president of the Wireless Access Group. Hermansen would not comment further on the timing of the lawsuit.

Given the relative infancy of the two-way messaging market, Hermansen said he hopes the issue can be resolved.

“I’d love to see their product in the market. It’s a great product. I just want to protect our intellectual property,” Hermansen said.

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