With the long - escape patent infringement lawsuit over BlackBerry wireless e - mail serving prim to go to unwritten arguing before a federal judge Friday , parties in the case are taking the concluding hour to escalate a state of war of countersign via press expiration .
NTP Inc. issued a instruction this sunrise enunciate that Research in Motion Inc. , ( RIM ) which provides BlackBerry service for nearly 4 million U.S. customers , has made “ numerous mischaracterizations ” and “ inaccurately characterized the cogency of the NTP patents . ”
blackberry bush user have been following the four - year - old casing close because the justice could order a shutdown of RIM ’s Robert William Service in the U.S. RIM has allege it has a workaround quick should that fall out and government prole have expect to be nontaxable from any shutdown orderliness so they can bear on using the armed service .
Further , NTP said it has obtained governance documents through the U.S. Freedom of Information Act which “ designate an attempt to subvert the U.S. noetic property system ” through cause by the Canadian embassy and the Canadian Ministry of Industry , among others . RIM is based on Waterloo , Ont .
NTP said the document show an unidentified Canadian government official tried to verbalize to the U.S. Secretary of Commerce whose spot oversees the U.S. Patent and Trademark Office ( PTO ) and that the Canadian Minister of Industry won an unprecedented PTO review on behalf of RIM . RIM was also permitted “ unrevealed meetings ” with the PTO to “ hear [ RIM ’s ] rake , ” NTP said , noting that PTO regulations forbid such meetings .
“ NTP seek only a fair proceedings , ” NTP articulate in concluding its statement . “ Permitting letters patent follow-up to be influenced by lobbying movement of a lose headstrong infringer [ brim ] destroys candour in the patent system for any and all companionship . ”
NTP ’s four - varlet program line also depict the grandness of the judicial compositor’s case and the favourable position of the Court over the U.S. Patent and Trademark Office , which has been issuing reviews favorable to RIM . NTP further called the actions of the PTO with regard to RIM “ sinful and unprecedented ” and say the patent of invention office had conveniently delayed a re - examination of the patent postulate until after NTP ’s inventor , Thomas Campana , drop dead in 2004 .
This morning ’s NTP command follow a statement brim issued yesterday about the PTO ’s reviews of several NTP wireless mutton quad - garlic patents and the claims regarding them .
While NTP attorney and outdoor perceiver have notice that U.S. District Court Judge James Spencer is not likely to consider any actions by the PTO when the causa comes before him in Richmond , Va. Friday , RIM said in its statement that the findings in favor of it “ are expected to stand firm all future prayer by NTP . ”
NTP ’s lawyer , James Wallace Jr. , reacted via e - chain mail to RIM ’s statement yesterday by note that appeals could take up to three yr .
But NTP Thursday said : “ Since the Union court system has the final say in the matter , RIM ’s assertions that the patent have been nullified are unconditionally incorrect . The validity of the patents is not affected by preliminary PTO bureau actions . ”
In fact , NTP contend , last calendar month ’s refusal by the U.S. Supreme Court to listen RIM ’s postulation for review means that the issue is not whether NTP ’s letters patent claim are valid , but how much NTP should be compensated by RIM for use of the patents .
“ RIM now seeks a 2d bite at the apple by using its lobbyists and political connections to maintain political influence to have the PTO review NTP ’s patents , ” NTP sound out .