Blackberry Patent Dispute

1303 Words3 Pages
Blackberry Patent Dispute

Many businesses are faced with legal issues that can negatively affect their operations. Patent infringement lawsuits are reoccurring and appear to be a common legal issue among the technology industry. For the purpose of this paper I will discuss a patent legal dispute as it pertains to a recently settled lawsuit between Blackberry's manufacture, Research In Motion (RIM) and NTP, a small patent holding company. In addition, this paper will also discuss the court process and structure as well as the NTP and RIM legal dispute resolution.

In law, intellectual property (IP) is an umbrella term for various legal entitlements which attach to certain types of information, ideas, or other intangibles in their expressed form. The holder of this legal entitlement is generally entitled to exercise various exclusive rights in relation to the subject matter of the IP (

Patents, trademarks and designs fall into a particular subset of intellectual property known as industrial property (

Patent disputes have increased with the growth of the Technology industry. According to Mohammed, the Blackberry dispute is the latest in a string of patent disputes that have cast a shadow over corporate technology users (Mohammed, 2006). In order to understand the validity of such a dispute one must first understand patents and patent infringement:

A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive, and useful or industrially applicable. The exclusive right granted a patentee is the right to prevent others from making, using, selling, offering to sell or importing the claimed invention. The rights given to the patentee do not include the right to make, use, or sell the invention themselves. The patentee may have to comply with other laws and regulations to make use of the claimed invention. (

"A patent provides the proprietor of that patent with the right to exclude others from utilizing the invention claimed in that patent. If the invention is utilized without the permission of the patent proprietor, the patent is considered infringed" ( Patent infringement can be considered direct, indirect, or active inducement of infringement.

In 1990 Thomas Campana Jr., an engineer and co owner of NTP Inc., the patent holding company, says he developed technology that transmits data through radio frequency, long before the Internet became an integral part of American life (Locy, 2006).
Open Document