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ARTICLE · 01 FEBRUARY 2005

Canadian Component not Withstanding, BlackBerry System Found to Infringe U.S. Patents

McDermott Will & Emery
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NTP Inc. is the owner of the "Campana patents" that integrate electronic mail with radio frequency (RF) wireless transmission. Research in Motion (RIM), a Canadian corporation, makes the ubiquitous BlackBerry. NTP sued RIM, alleging that the elements of the BlackBerry system infringe various claims in the Campana patents.

United StatesStrategy
Paul Devinsky
Paul Devinsky
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NTP Inc. is the owner of the "Campana patents" that integrate electronic mail with radio frequency (RF) wireless transmission. Research in Motion (RIM), a Canadian corporation, makes the ubiquitous BlackBerry. NTP sued RIM, alleging that the elements of the BlackBerry system infringe various claims in the Campana patents. NTP Inc. v. Research in Motion Ltd., Case No. 03-1615 (Fed. Cir., Dec. 14, 2004) (Linn, J.).

The district court issued a summary judgment of infringement and entered final judgment for NTP, awarding damages totaling $54 million. A permanent injunction was also entered against further manufacture, use importation, and/or sale of the BlackBerry system. Soon thereafter, the U.S. Patent and Trademark Office (USPTO) ordered a reexamination of several of the Campana patents and the injunction was stayed pending RIM’s appeal.

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