by CIO Staff

Judge Denies NTP Request: Small Victory for BlackBerry Users?

Feb 28, 20062 mins
MobileSmall and Medium Business

The justice presiding over a lawsuit that will decide whether or not Research In Motion’s (RIM) U.S. BlackBerry sales and service should be severed, denied a request from the company suing RIM to introduce additional documents to the court, according to a CNET blog post on Tuesday morning.

U.S. District Judge James Spencer filed a six-line order denying NTP’s request to allow for the introduction of new materials from the United States Patent and Trademark Office (USPTO), CNET reports.  The documents were filed by NTP just before last Friday’s highly-publicized hearing, and they were meant to substantiate accusations that RIM used its political clout to influence the USPTO, according to CNET

Last week, NTP released a statement blasting RIM for repeatedly questioning the validity of its patents regardless of the fact that Judge Spencer already ruled in favor of NTP, and for attempting to influence the USPTO.  For more, read NTP Blasts RIM a Day Before Crucial Hearing.

Last Wednesday, the USPTO issued a final rejection of one of the five patents at issue in the case.  For more, read USPTO Rejects Patent in BlackBerry Suit.

However, in Friday’s hearing Judge Spencer specified that the original 2003 ruling that found RIM guilty of patent infringement still stands.  Judge Spencer did not issue an injunction.  He is still considering whether or not a shutdown of RIM’s U.S. sales and service is warranted and what damages should be paid to NTP.

For CIO’s continuing coverage, read BlackBerry on the Edge.

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