February 24th, 2006
My BlackBerry prediction: injunction with 60-day stay
On my BBHub BlackBerry blog this morning, I offer my own prediction about how Judge James Spencer will rule today in the patent infringement case between Research In Motion and NTP.
I write:
My own crystal ball - the one between my ears- tells me that Judge James Spencer is going to issue an injunction suspending BlackBerry sales and services in the U.S.
Judge Spencer will, however, stay the injunction for a 60 day period. This will be done to encourage what he sees as the recalcitrant and stubborn patent infringement combatants here - Research In Motion and NTP to come to an agreement.
Sixty days in the future, Judge Spencer will reconvene the panel. He will see what progress - or lack thereof - has been made toward a negotiated settlement. He’ll also be persuaded to take any subsequent "final rulings" of the U.S. Patent & Trademark Office into consideration as they may stand after this 60 day period.
But I don’t believe that more USPTO rejections of NTP patents will sway this judge. Even if the normally glacial-speed USPTO review process is complete by then, NTP will surely find what they consider solid grounds for repeal.
After the 60 days, and only if RIM is forced- there may be some sort of escrow payment made by RIM to NTP- perhaps an interest-bearing escrow that may be refundable if and only if, there’s a final judgment against these patents that the courts uphold.
But as for today, Judge Spencer will do as I predict. Or dang close to it.
I then go into detail about what I see as the short-term implications for RIM if a decision is handed down identical or similar to the one I envision.
What do you think will happen? TalkBack!
Russell Shaw is an enterprise computing journalist, analyst and author based in Portland, Oregon. See his full profile and disclosure of his industry affiliations.
