WATERLOO, Ontario-Research In Motion Ltd. received more good news last week as the U.S. Patent and Trademark Office ruled against two more patents from foe NTP Inc.
The office issued “non-final actions” in rejecting the patents, two of five at the heart of a long-standing legal feud between the two companies regarding RIM’s BlackBerry mobile e-mail service. NTP successfully sued RIM for patent infringement in 2002, and recently won an injunction that would force RIM to shut down service to U.S. subscribers.
But the PTO has stepped up its review of NTP’s patents, giving RIM hope that an ultimate rejection of all patents could nullify the judgment. The PTO has already rejected all five NTP patents in “first office” actions, and has rejected four in secondary rulings.
A U.S. judge in Virginia is set to enforce the injunction, however, and expects to hold a hearing sometime after Feb. 1. U.S. District Court Judge James Spencer has indicated he won’t wait for a final PTO ruling, saying any deciding word could take years, given potential appeals.
Investors were less than thrilled regarding the news, as shares of RIM tumbled on the Nasdaq, sliding 37 cents to $65.64 after the news.
