RIM refused rehearing in BlackBerry case

A US Federal Court of Appeals on Friday refused to rehear an appeal by RIM in respect of a dispute over the BlackBerry-maker’s alleged infringements of patents relating to radio frequency wireless communications in email systems. RIM had been hoping that a 12-judge panel would rehear the case, after an August ruling by three judges of the same court found that the Canadian company had violated seven of the patents under consideration.

The case will now return to the District Court for further arguments on the merits of some of the patent claims and a decision on whether to impose an injunction prohibiting RIM from selling the BlackBerry and any other products, software or services using the disputed technology, in the US. RIM plans to ask the Supreme Court to review the case, according to reports, arguing that the “case raises significant national and international issues warranting further appellate review.” In particular, says RIM, US patent law should not apply in this case because the controlling BlackBerry software is found on computers in Canada – beyond the jurisdiction of US courts.

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