The U.S. Supreme Court wo n’t critique the patent infringement dispute between Research in Motion Ltd. and NTP Inc. , closing down one of the BlackBerry peregrine twist vendor ’s avenues against NTP ’s suit , RIM said in a statement Monday .

NTP is process RIM for supposed violation of patents covering the operation of a wireless e - ring mail military service . An enjoinment against RIM in the case could wedge the company to close down the BlackBerry service or witness a technical workaround to head off the contested technology . The society last twelvemonth reached a settlement in the case , but that deal fall asunder .

At Macworld Expo earlier this month , RIM announce that they would start bundling Macintosh synchronization software with their BlackBerry equipment . Beginning in February , RIM will include Information Appliance Associates ’ PocketMac for BlackBerry .

RIM , base in Waterloo , Ontario , had sought to have the Supreme Court recap consequence involve the ill-tempered - border compass of U.S. patent law . The court declined to critique those issues .

In a 2002 jury tryout , RIM was found to be infringing NTP ’s patents and an enjoining was issue to stop the troupe from selling its BlackBerry gadget or serve in the U.S. But that injunction was put on hold during appeals and then lifted by an appeal court that decree one of NTP ’s fundamental claims was misinterpreted . However , the appeals court upheld the fundamental determination that RIM had infringed the patents .

NTP is now seeking a new , neat injunction against RIM , one that would let in exemptions for federal and other government users and hand brake “ first responder , ” as well as a 30 - day grace catamenia for users to find Modern products and help , according to James Wallace , an lawyer with Wiley Rein & Fielding LLC in Washington , D.C. , who represents NTP .

The abnegation of RIM ’s petition to the Supreme Court clears the room for the U.S. District Court for the Eastern District of Virginia , in Richmond , to enforce a permanent cease and desist order , Wallace said in an consultation . The international matter were the only unity left for RIM to go after regarding the core of the case , he said .

“ That was their last pant on infringement , ” Wallace said .

The Virginia Margaret Court is now view the amount of damages and whether an injunction should be levy , Wallace said . Both companies filed briefs on Jan. 17 and are set to lodge reply Jockey shorts on Feb. 1 , he say .

Wallace think the court , under Judge James Spencer , will impose an injunction in February . Wallace would not annotate on whether the companies are discussing a colonization .

In its statement Monday , RIM articulate an cease and desist order would be inappropriate because of public interest fear over the to-do of BlackBerry service to business and the public sector . In improver , an enjoining would be unnecessary , because if it were hold to be contravene , RIM has the power to compensate NTP through royalties , the company say .

RIM also steer to initial rulings by the U.S. Patent and Trademark Office ( PTO ) in which it rejected all of NTP ’s patent claims . The company bear the PTO to work quickly to cease reexamining the claim . NTP think the reexamination does n’t affect its fight for an injunction because the court wo n’t hold back for the PTO to end up its work . Last November , Judge Spencer traverse a request by RIM to declare up the trial run until the reexaminations were finished . That process could take month or years , he said .

RIM is creating software package study - arounds that will let it continue offering service if an injunction is impose , the fellowship said . RIM executives could not forthwith be attain for gossip .

Peter Cohen lend info used in this report .