A judge should not shut down Research in Motion (RIM) Ltd.'s
BlackBerry mobile e-mail service in the U.S., even though a jury
ruled that it infringes another company's patent, because
BlackBerry devices play a "crucial role" in important industries
such as hospitals, utilities and banks, RIM's lawyers argued in
court Friday.
Even with an exemption allowing government workers to continue
to use BlackBerry service, a court injunction against RIM in its
legal battle with NTP Inc. would harm the public interest by
cutting off important private businesses and limiting government
workers' ability to communicate with private citizens, Henry
Bunsow, a RIM lawyer, said in U.S. District Court for the Eastern
District of Virginia.
After half a day of arguments, Judge James Spencer didn't rule
on the injunction requested by patent holder NTP Inc., but at the
same time the hearing was happening in Richmond, Virginia, the U.S.
Patent and Trademark Office (USPTO) ruled that an NTP wireless
e-mail central in the case is invalid.
Recent USPTO rulings rejecting this key patent and other patents
in the lawsuit don't cancel out the August 2003 jury ruling in the
case, but Bunsow argued that Spencer should consider the USPTO's
actions while ruling on an injunction.
Bunsow showed the judge letters from hospitals, an organ
transplant service, the American Gas Association and other groups
saying BlackBerry devices were important to their work. "All of
these people's service would go dark," Bunsow said. "There simply
are no reliable alternatives to the BlackBerry system."
Spencer noted that RIM has told investors it has a workaround
for the technology that NTP claims. He expressed surprise that,
despite the workaround, the company argued in court that the
"foundations of Western civilization will be shaken" if he approves
an injunction against the company selling its products in the U.S.
Injunctions against the use of the patented inventions are a common
legal tool in patent infringement cases.
Spencer also heard arguments about whether he should adjust the
$126 million NTP says it's owed after a U.S. appeals court sent the
case back to him on one key claim.
"I'm surprised, absolutely surprised, that you'd leave this ...
incredibly important decision to the court," he said. "In plain
words, the case should've been settled, but it hasn't," Spencer
said.
Spencer did not indicate when he would make a decision, but said
a ruling on damages would likely happen before a decision about the
injunction.
NTP lawyer James Wallace said an injunction is needed because
RIM continues to act like a "squatter" even after the August 2003
jury verdict in Virginia and after the U.S. Supreme Court in
January decided not to hear RIM's appeal.
"RIM's conduct continues in the face of the jury verdict ... and
in the face of being rebuffed by the chief justice and the entire
U.S. Supreme Court," he said.
Wallace also noted RIM's claims of a work-around for the NTP
patents. RIM could use the work-around to make sure government
agencies have access to BlackBerry service, he said. Wallace asked
the judge to enforce the injunction and give users 30 days to make
other arrangements, saying several competing wireless e-mail
devices now exist.
Bunsow said RIM's work-around would take millions of hours to
implement.
In December 2004, the U.S. Court of Appeals for the Federal
Circuit rejected an earlier injunction issued by the Virginia
district court. The district court issued the original injunction
in August 2003 but stayed the ruling pending appeal.
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