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How to Avoid BlackBerry Brinkmanship: Patent Re-examination Practice As a Parallel Track to Defend Patent Litigation

In <i>NTP Inc. v. Research In Motion Ltd.</i>, 270 F. Supp. 2d 751 (E.D. Va. 2003), the jury found that Research in Motion's ('RIM's') BlackBerry' e-mail system infringes several valid claims of NTP's patents in suit. RIM did not request re-examination of the patents in the U.S. Patent and Trademark Office ('USPTO') until after the jury verdict was entered, and after the Director of the USPTO himself started re-examinations of five relevant patents. After the jury had finished and the USPTO had acted alone, RIM filed 14 additional re-examination requests. Several requests were filed for each relevant patent.

20 minute read September 29, 2006 at 09:38 AM
By
George Wheeler
How to Avoid BlackBerry Brinkmanship: Patent Re-examination Practice As a Parallel Track to Defend Patent Litigation

In NTP Inc. v. Research In Motion Ltd., 270 F. Supp. 2d 751 (E.D. Va. 2003), the jury found that Research in Motion's ('RIM's') BlackBerry' e-mail system infringes several valid claims of NTP's patents in suit.

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