RIM Provides Update on Patent Reexamination Proceeding
Waterloo, ON - Research In Motion (RIM) (Nasdaq: RIMM; TSX: RIM) confirmed that it received a copy today of a ruling issued by the U.S. Patent and Trademark Office (the “Patent Office”) in the Director-initiated inter partes reexamination of NTP, Inc. Patent #6,317,592 (’592 Patent”). This ruling, described by the Patent Office as an Action Closing Prosecution, is comparable to a Final Office Action in ex parte reexamination proceedings at the Patent Office. This ruling from the Patent Office maintains the outright and complete rejection of all claims in the ’592 Patent, which includes five of the seven claims that RIM was ruled to have infringed by the Court of Appeals for the Federal Circuit in August, 2005. In addition the ruling confirmed that no grounds for patentability of the ’592 Patent were found by the Patent Office in the course of its reexamination.
As a result of this ruling, NTP’s prosecution of claims in the reexamination of the ’592 Patent is now closed and under these circumstances NTP may not submit new subject matter to the Patent Office for consideration. Similar to Final Office Actions in ex parte reexaminations, NTP may provide commentary to the Patent Office, but the Patent Office is expected to issue a Right of Appeal Notice following a 30-day response period at which point NTP will have the right to appeal to the Patent Appeal Board.
In all of the Patent Office rulings to date relating to the reexamination of all eight of the NTP patents, NTP’s arguments on the merits of patentability have been rejected by the Patent Office.
It is anticipated that the Patent Office will continue its reexamination of NTP’s remaining patents with special dispatch leading to Final Office Actions. All of the remaining NTP patent claims have now been rejected by the Patent Office in initial and second Office Actions, based in part on prior art not considered in the 2002 trial in the United States District Court for the Eastern District of Virginia.
About Research In Motion
Research In Motion is a leading designer, manufacturer and marketer of innovative wireless solutions for the worldwide mobile communications market. Through the development of integrated hardware, software and services that support multiple wireless network standards, RIM provides platforms and solutions for seamless access to time-sensitive information including email, phone, SMS messaging, Internet and intranet-based applications. RIM technology also enables a broad array of third party developers and manufacturers to enhance their products and services with wireless connectivity to data. RIM’s portfolio of award-winning products, services and embedded technologies are used by thousands of organizations around the world and include the BlackBerry® wireless platform, the RIM Wireless Handheld™ product line, software development tools, radio-modems and software/hardware licensing agreements. Founded in 1984 and based in Waterloo, Ontario, RIM operates offices in North America, Europe and Asia Pacific. RIM is listed on the Nasdaq Stock Market (Nasdaq: RIMM) and the Toronto Stock Exchange (TSX: RIM). For more information visit www.rim.com or www.blackberry.com.
The BlackBerry and RIM families of related marks, images and symbols are the exclusive properties and trademarks of Research In Motion Limited. RIM, Research In Motion and BlackBerry are registered with the U.S. Patent and Trademark Office and may be pending or registered in other countries. All other brands, product names, company names, trademarks and service marks are the properties of their respective owners.
This news release contains forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995 and Canadian securities laws relating to RIM’s plans and expectations regarding its dispute with NTP. Forward-looking statements are based on estimates and assumptions made by RIM in light of its experience and its perception of historical trends, current conditions and expected future developments, as well as other factors that RIM believes are appropriate in the circumstances. Such forward-looking statements are subject to a number of risks and uncertainties, including, in particular, the inherent uncertainty regarding the outcome of any litigation, and the risks and uncertainties and potential outcomes that are described in the risk factors titled “The Company May Infringe on the Intellectual Property Rights of Others”and the other risks described in the “Risk Factors” section of RIM’s Annual Information Form for fiscal 2005, which is included in its Annual Report on Form 40-F for fiscal 2005, and Management’s Discussion and Analysis of Financial Condition and Results of Operations for the three months and nine months ended November 27, 2005 (copies of which filings may be obtained at www.sedar.com or www.sec.gov). These factors should be considered carefully, and readers should not place undue reliance on RIM’s forward-looking statements. RIM has no intention and undertakes no obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
- Contact Information
- Marisa Conway
- Brodeur Worldwide (for RIM)
- Research In Motion
- Contact via E-mail
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