Judge Spencer bias against BlackBerry?
Permalink | December 2nd, 2005
Judge James Spencer, the residing district judge in the ongoing case of NTP vs RIM, almost seems to have it out for the makers of the BlackBerry. The judge, who denied RIM’s request to halt the proceedings while the US Patent Office continues to examine NTP’s patents, commented both during a November 9th hearing, and the hearing on Wednesday that he has wasted enough of his time and life involved with NTP and RIM.
On Wednesday Judge Spencer ruled that the $450 million settlement the two companies agreed upon last spring was not valid and not enforceable. The decision was reached without a hearing, and the reasons for Judge Spencer’s order were sealed. Should Judge Spencer rule in favor of the injunction against RIM, it will mean an immediate halt of sales and use of the BlackBerry in the US. Experts are estimating that a settlement for RIM may now cost them over $1 billion.
RIM continues to argue that enforcing the injunction would be inappropriate for a number of reasons, including the patent office proceedings, public interest concerns, and the Supreme Court’s recent decision to hear an appeal in the eBay Inc. v. MercExchange case that addresses the use of injunctions in patent suits.
