The creator of a wireless email gadget used by millions of people has developed a 鈥渟oftware workaround鈥� to maintain its US service even if a judge in a patent-infringement case issues an injunction.
The Blackberry email device, made by Canadian company Research in Motion (RIM), is used by more than three million people in the US, and several million more worldwide. An injunction was sought in the US last year by NTP Software which claims the Blackberry device breaches its patents.
RIM announced details of the software fix on Thursday, ahead of a key court showdown in the patent case. Even if the US judge issues an injunction that would prevent the use of the patents in question, RIM said its Blackberry devices would continue to function, providing users download and install the new software.
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鈥淎lthough there is no injunction order in place, and RIM believes it has strong legal and factual arguments opposing an injunction, RIM has developed these software workaround designs as a contingency,鈥� the Canadian company said in a statement.
Pragmatic and reasonable
RIM has not revealed precisely how the software differs from that in the NTP patents, but the company said it had consulted lawyers to ensure that it would not infringe any existing patents. RIM has also filed new patent applications in the US to cover the workaround, which will be made available from RIM鈥檚 website and will be remotely activated if an injunction is issued, the company said.
RIM said it was negotiating with NTP but that the latest offer from the US firm was unacceptable. It also said the US Patent Office may still issue a ruling in its favour.
鈥淩IM remains pragmatic and reasonable in its willingness to enter into a settlement that would generously compensate NTP, while protecting RIM鈥檚 business and partners,鈥� said Jim Balsillie, chairman and co-chief executive at RIM. 鈥淣TP鈥檚 public offer of a so-called 鈥榬easonable鈥� licence, however, is simply untenable.鈥�
