RIM is appealing its case to the Supreme Court. RIM has requested that the Supreme Court hear its appeal from the Federal Circuit’s decision that that was decided in NTP’s favor in August, 2005.
RIM's argument this time seems to be that because key elements of the BlackBerry email system are located on servers in Canada, claims of use infringement are not completely covered by Patent law in the US.
The appeal involves the question of territoriality of the patent laws. From the appeal:
Under § 271(a) of the Patent Act, "use" infringement is expressly limited to use of a patented invention "within the United States." The question presented is: Whether an Internet-based global telecommunications system, such as the BlackBerry wireless email system, is used "within the United States," where components crucial to the system’s operation are located outside the United States.
RIM's argument this time seems to be that because key elements of the BlackBerry email system are located on servers in Canada, claims of use infringement are not completely covered by Patent law in the US.
The appeal involves the question of territoriality of the patent laws. From the appeal:
Under § 271(a) of the Patent Act, "use" infringement is expressly limited to use of a patented invention "within the United States." The question presented is: Whether an Internet-based global telecommunications system, such as the BlackBerry wireless email system, is used "within the United States," where components crucial to the system’s operation are located outside the United States.
