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Appeal Court delays court order

Publish date: 12 August 2005
Issue Number: 1397
Diary: Legalbrief Today
Category: Corruption

A Washington Court of Appeal has upheld most of a ruling that Research In Motion Ltd’s BlackBerry e-mail pager infringed patents.

The ruling, reports The Globe and Mail, delays US District Judge James Spencer’s order to halt sales of the device in the US. The Appeal Court asked Judge Spencer to rewrite his 2002 injunction to reflect decisions made on appeal. An analyst said the ruling caused ‘a lot of confusion and no conclusion’. He said any delay in a court decision worked in RIM\'s favour. The Federal Circuit\'s infringement finding gives NTP Inc, a patent-licensing company, the right to pressure RIM to change the BlackBerry system or take it off the market in the US. A jury found in the 2002 trial that RIM had infringed 11 elements, or claims, of five patents and should pay a 5.7% royalty rate. Full report in The Globe and Mail

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