My BlackBerry prediction: injunction with 60-day stay
On my BBHub BlackBerry blog this morning, I offer my own prediction about how Judge James Spencer will rule today in the patent infringement case between Research In Motion and NTP.I write:My own crystal ball - the one between my ears- tells me that Judge James Spencer is going to issue an injunction suspending BlackBerry sales and services in the U.
My own crystal ball - the one between my ears- tells me that Judge James Spencer is going to issue an injunction suspending BlackBerry sales and services in the U.S.
Judge Spencer will, however, stay the injunction for a 60 day period. This will be done to encourage what he sees as the recalcitrant and stubborn patent infringement combatants here - Research In Motion and NTP to come to an agreement.
Sixty days in the future, Judge Spencer will reconvene the panel. He will see what progress - or lack thereof - has been made toward a negotiated settlement. He'll also be persuaded to take any subsequent "final rulings" of the U.S. Patent & Trademark Office into consideration as they may stand after this 60 day period.
But I don't believe that more USPTO rejections of NTP patents will sway this judge. Even if the normally glacial-speed USPTO review process is complete by then, NTP will surely find what they consider solid grounds for repeal.
After the 60 days, and only if RIM is forced- there may be some sort of escrow payment made by RIM to NTP- perhaps an interest-bearing escrow that may be refundable if and only if, there's a final judgment against these patents that the courts uphold.
But as for today, Judge Spencer will do as I predict. Or dang close to it.
I then go into detail about what I see as the short-term implications for RIM if a decision is handed down identical or similar to the one I envision.