The tumultuous legal battle between BlackBerry maker Research In Motion Ltd. and patent-holding company NTP Inc. has coaxed some unexpected players out of the woodwork. RIM rivals Microsoft Corp. and Seven Networks Inc., along with chipmaker Intel Corp., recently filed documents in the case. The filings argue various legal minutiae, but also highlight the growing legal importance of the case.
The filings from Intel, Microsoft and Seven each hinge on a key ruling in the NTP vs. RIM case. The courts have ruled that RIM’s BlackBerry offering infringes on NTP’s patents even though BlackBerry e-mails are managed from an operations center in Canada. The ruling brings into question whether U.S. patents hold sway in other countries.
Specifically, Seven sides with RIM, arguing that U.S. patents should not apply in other countries.
“If the panel’s ruling stands, entities such as Seven Networks Inc. can never be certain that their services and technologies will not run afoul of U.S. patent laws,” Seven wrote in its filing.
Seven’s argument is especially notable because the company competes against RIM in the wireless e-mail space.
Intel too backs RIM’s position, arguing that U.S. patents should not extend outside the country’s borders.
Microsoft, which competes directly against RIM in the wireless e-mail arena, argues the opposite. Microsoft said RIM’s position would encourage companies to “locate certain aspects of their systems outside the United States, primarily to avoid infringement liability. Such an outcome would likely result in loss of jobs, skilled workers, capital and information technology abroad.”
The NTP vs. RIM case has raised a notable amount of interest, both in the wireless industry as well as the legal profession. The outcome of the case could have serious implications for wireless e-mail vendors as well as patent law in general.
RIM is currently appealing a 2002 jury ruling in favor of NTP. NTP alleges RIM’s BlackBerry offering infringes on its patents for wireless e-mail.
