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Intellectual Property Law
: IP BlawgPTO?s ?Non-Final? Rejections Could Have Permanent Implications for the BlackBerry Lawsuit
By Farella Braun + Martel LLP
We?ve been keeping you posted on the latest in the BlackBerry/NTP patent infringement litigation. Relevant to this litigation is the U.S. Patent and Trademark Office?s recent issuance of a ?non-final? rejection of a fifth patent at issue in NTP?s legal battles against RIM.
The U.S. PTO?s latest non-final rejection of NTP?s fifth patent means that NTP?s assertion of these claims could be discredited in the BlackBerry lawsuit upon the PTO?s final rejections, which are expected at the end of February. If the PTO does issue final rejections, NTP has the right to appeal the rulings, which could stretch out its case against RIM for several more years.
The possibility of appeal, however, may only be mildly attractive to NTP, as we told you yesterday. NTP reportedly makes no products, and survives solely on licensing the patents it owns. Distraction from these efforts could negatively impact the company.
Stay tuned as the BlackBerry battle continues to unfold.
Full post as published by IP Blawg on February 02, 2006 (boomark / email).
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