X

RIM injunction hearing set for February

Hearing could be final step before judge decides whether BlackBerry maker will have to shut down e-mail service.

Reuters
A hearing on a possible injunction shutting down most U.S. sales and service of the BlackBerry e-mail device has been scheduled for Feb. 24, according to a court notice posted on Wednesday.

U.S. District Judge James Spencer listed the date on the docket for the long-running and closely watched case in the U.S. District Court for the Eastern District of Virginia.

The hearing in Richmond, Va., could be the final legal step before Spencer decides whether to impose an injunction on BlackBerry maker Research In Motion, which in 2003 lost a patent infringement suit to U.S. patent-holding company NTP.

Specifically at issue will be whether a possible injunction and damages against RIM should be affected by an August 2005 appeals court ruling that struck down part of a jury's original findings but left standing several patent infringement rulings against RIM.

Lawyers for both sides are due to file final written response briefs with the judge on Feb. 1.

In briefs filed before Spencer on Jan. 17, RIM's lawyers argued that Spencer should refrain from imposing any injunction for a number of reasons, including an "exceptional public interest" in maintaining uninterrupted BlackBerry service for national security officials, among others.

Story Copyright © 2006 Reuters Limited. All rights reserved.