Supreme Court Refuses Review in BlackBerry Patent Dispute
文章来源: 文章作者: 发布时间:2007-04-02 02:48 字体: [ ]  进入论坛
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By IAN AUSTEN

  OTTAWA, Jan. 23 - The United States Supreme1 Court on Monday rejected a bid by Research in Motion, the Canadian maker2 of BlackBerry e-mail devices, to review its patent dispute with the holding company NTP.

  The court's decision means that the case is now back in the hands of Judge James R. Spencer of Federal District Court in Richmond, Va. He is considering a request from NTP to impose an injunction banning the sale and use of most BlackBerry hand-held devices in the United States.

  An injunction could come as soon as next month. It is possible that the two companies could reach an out-of-court settlement before then, which they have tried but failed to do in the past. R.I.M. is also trying to overturn NTP's patent claims through a separate United States patent office review.

  R.I.M. has acknowledged that the Supreme Court rarely hears patent cases. The company had hoped, however, that the justices would explore its argument that the wireless4 e-mail patents held by NTP, an intellectual property holding company based in Arlington, Va., did not extend beyond the borders of the United States.

  In its court submissions5, R.I.M. said that the software at the heart of the dispute exists only on servers near its headquarters in Waterloo, Ontario. Because NTP does not hold any patents in Canada, R.I.M. argued that the company had no valid6 claim on the BlackBerry.

  "We're happy that the Supreme Court rejected R.I.M.'s efforts to create a huge loophole in the patent law," Kevin Anderson, a lawyer for NTP, said.

  In an e-mail message, Mark Guibert, R.I.M.'s vice3 president for corporate7 marketing8, said that the company still believed that it had several options to block the injunction as well as the imposition of the terms of NTP's court victory in 2002. In that ruling, the federal court issued an injunction banning BlackBerry sales in the United States, but stayed the injunction pending9 the outcome of the appeal. It also ordered R.I.M. to pay NTP millions in royalties10. There are now no further avenues for R.I.M. to appeal that ruling.

  "The patent office continues its re-examinations with special dispatch," Mr. Guibert wrote., "R.I.M.'s legal arguments for the district court remain strong and our software workaround designs remain a solid contingency11." While it has not offered full details, R.I.M. has said that it has prepared a workaround - an alternative BlackBerry system - that it believes does not violate NTP's patents.

  NTP has asked Judge Spencer to impose an injunction he granted in 2002 but suspended to permit R.I.M.'s appeals. The court is expected to announce a hearing date for NTP's case as early as this week.

  At R.I.M.'s request, the United States Patent and Trademark12 Office is reviewing NTP's claims. It has said that it expects to issue a final ruling rejecting all of them. NTP will still have two avenues of appeal for that decision. It is not clear, though, how Judge Spencer would respond to any action by the patent office



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1 supreme PHqzc     
adj.极度的,最重要的;至高的,最高的
参考例句:
  • It was the supreme moment in his life.那是他一生中最重要的时刻。
  • He handed up the indictment to the supreme court.他把起诉书送交最高法院。
2 maker DALxN     
n.制造者,制造商
参考例句:
  • He is a trouble maker,You must be distant with him.他是个捣蛋鬼,你不要跟他在一起。
  • A cabinet maker must be a master craftsman.家具木工必须是技艺高超的手艺人。
3 vice NU0zQ     
n.坏事;恶习;[pl.]台钳,老虎钳;adj.副的
参考例句:
  • He guarded himself against vice.他避免染上坏习惯。
  • They are sunk in the depth of vice.他们堕入了罪恶的深渊。
4 wireless Rfwww     
adj.无线的;n.无线电
参考例句:
  • There are a lot of wireless links in a radio.收音机里有许多无线电线路。
  • Wireless messages tell us that the ship was sinking.无线电报告知我们那艘船正在下沉。
5 submissions 073d6f2167f8d9a96d86b9fe6b9d5b37     
n.提交( submission的名词复数 );屈从;归顺;向法官或陪审团提出的意见或论据
参考例句:
  • The deadline for submissions to the competition will be Easter 1994. 递交参赛申请的截止时间为1994年的复活节。 来自辞典例句
  • Section 556(d) allows the agency to substitute written submissions for oral direct testimony in rulemaking. 第五百五十六条第(四)款准允行政机关在规则制定中用书面提交材料替代口头的直接证言。 来自英汉非文学 - 行政法
6 valid eiCwm     
adj.有确实根据的;有效的;正当的,合法的
参考例句:
  • His claim to own the house is valid.他主张对此屋的所有权有效。
  • Do you have valid reasons for your absence?你的缺席有正当理由吗?
7 corporate 7olzl     
adj.共同的,全体的;公司的,企业的
参考例句:
  • This is our corporate responsibility.这是我们共同的责任。
  • His corporate's life will be as short as a rabbit's tail.他的公司的寿命是兔子尾巴长不了。
8 marketing Boez7e     
n.行销,在市场的买卖,买东西
参考例句:
  • They are developing marketing network.他们正在发展销售网络。
  • He often goes marketing.他经常去市场做生意。
9 pending uMFxw     
prep.直到,等待…期间;adj.待定的;迫近的
参考例句:
  • The lawsuit is still pending in the state court.这案子仍在州法庭等待定夺。
  • He knew my examination was pending.他知道我就要考试了。
10 royalties 1837cbd573d353f75291a3827b55fe4e     
特许权使用费
参考例句:
  • I lived on about ?3,000 a year from the royalties on my book. 我靠着写书得来的每年约3,000英镑的版税生活。 来自辞典例句
  • Payments shall generally be made in the form of royalties. 一般应采取提成方式支付。 来自经济法规部分
11 contingency vaGyi     
n.意外事件,可能性
参考例句:
  • We should be prepared for any contingency.我们应该对任何应急情况有所准备。
  • A fire in our warehouse was a contingency that we had not expected.库房的一场大火是我们始料未及的。
12 trademark Xndw8     
n.商标;特征;vt.注册的…商标
参考例句:
  • The trademark is registered on the book of the Patent Office.该商标已在专利局登记注册。
  • The trademark of the pen was changed.这钢笔的商标改了。
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