Judge Rejects Request to Enforce RIM Settlement Pact
(Nov. 30, AP) - A federal judge ruled invalid Wednesday a $450 million settlement between a small patent holding firm and the maker of BlackBerry e-mail devices, Research in Motion Ltd.
The ruling by U.S. District Judge James R. Spencer is a victory for NTP Inc., an Arlington company that contends the technology behind the popular BlackBerry infringes on its patents.
Canada's RIM had sought to uphold the settlement, which was reached earlier this year. NTP argued that it was never finalized.
As expected, Spencer also denied RIM's request to delay the case while awaiting word from the U.S. Patent and Trademark Office, which is re-examining NTP's patents. The patent office has preliminarily rejected the patents at the core of the lawsuit.
Spencer's decisions raise more uncertainties for BlackBerry users in the United States, where most of the company's 3.65 million customers are based. The judge could next consider re-issuing an injunction that threatens to shut down BlackBerry service in this country.
However, analysts and industry observers expect RIM could be backed into a corner and forced to settle for a sum as high as $1 billion.
"It was pretty much as predicted, and it indicates that Judge Spencer is going to move swiftly to conclude the case," said James H. Wallace Jr., an attorney for NTP. "We would hope that these developments would bring the parties back to the table to resolve this matter."
It's all about who controls the technology and more importantly, who gets the cash.