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IP News

By Compiled by Eric Agovino

Canada Files Amicus Brief in BlackBerry Case

On Jan. 13, 2005, the government of Canada filed an amicus curiae brief with the U.S. Court of Appeals for the Federal Circuit, seeking reconsideration of the decision in NTP, Inc. v. Research in Motion, Ltd., 392 F.3d 1336 (Fed. Cir. 2004). In NTP, the Federal Circuit ruled that the district court erred by broadly construing the claim term “originating processor,” but correctly construed all other terms. The Federal Circuit also affirmed the district court's decision that defendant Research in Motion, Ltd. (“RIM”) infringed NTP's patents under 35 U.S.C. '271(a). As a result, the Federal Circuit vacated the injunction against RIM and remanded the case to the district court for a determination of whether the erroneous claim construction prejudiced the jury's verdict.

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