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1/27/2006
05:25 PM
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Supreme Court A No-Go

Research In Motion lost ground last week in its battle with NTP when the U.S. Supreme Court turned down its request to review the case. The BlackBerry's fate now lies in the hands of a U.S. District Court. RIM moved to head off panic of a potential injunction of the BlackBerry with some details of its plans for a technology workaround.

In the case of an injunction, new BlackBerrys will ship with software that avoids any alleged NTP patent infringements, RIM says. A grace period is expected that would let existing customers update their systems, should any injunction apply to them. But NTP and RIM can't even agree on that: NTP says 30 days is plenty for a grace period; RIM says customers need more time.

The U.S. Patent and Trademark Office's ongoing re-examinations, which have been favorable to RIM, could affect the U.S. District Court's decision and prevent an injunction.

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