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January 14, 2003
U.S. Patent And Trademark Office To Reexamine Patents Disputed In NTP Inc. Vs. RIM Litigation
Waterloo, ON - Research In Motion Limited (RIM) (Nasdaq: RIMM; TSX: RIM) reported today that the U.S. Patent and Trademark Office has ordered a Director Initiated Reexamination of five of the United States Patents owned by NTP Inc. The Director of the U.S. Patent and Trademark Office has determined that certain relevant patents and publications (known as "prior art") not previously considered by the U.S. Patent and Trademark Office raise a substantial new question of patentability as to the claims of the NTP Inc. patents. These patents are disputed in the ongoing litigation between NTP Inc. and RIM.
The patents to be reexamined are U.S. Patent Numbers 5,625,670; 5,631,946; 5,819,172; 6,067,451 and 6,317,592.
As previously announced, NTP Inc. filed a complaint in November, 2001 alleging that certain RIM products infringed on patents held by NTP Inc. that cover the use of radio frequency wireless communications in electronic mail systems. A jury verdict reached in November, 2002 in the United States District Court for the Eastern District of Virginia favored NTP Inc. The jury verdict remains subject to post-trial motions and appeal.
Of the eight patents listed in the original complaint, only five patents were litigated during the jury trial. Four of the five patents litigated have now been ordered to be reexamined. RIM confirmed today that it plans to bring the Director's determinations and the reexamination orders to the attention of the United States District Court for the Eastern District of Virginia in the course of filing post-trial memoranda with the Court this week.
The litigation between NTP Inc. and RIM remains before the Court. Further comment and details were not disclosed.
About Research In Motion
Research In Motion is a leading designer, manufacturer and marketer of innovative wireless solutions for the worldwide mobile communications market. Through the development of integrated hardware, software and services that support multiple wireless network standards, RIM provides platforms and solutions for seamless access to time-sensitive information including email, phone, SMS messaging, Internet and intranet-based applications. RIM technology also enables a broad array of third party developers and manufacturers to enhance their products and services with wireless connectivity. RIM's portfolio of award-winning products, services and embedded technologies are used by thousands of organizations around the world and include the BlackBerry™ wireless platform, the RIM Wireless Handheld™ product line, software development tools, radio-modems and software/hardware licensing agreements. Founded in 1984 and based in Waterloo, Ontario, RIM operates offices in North America, Europe and Asia Pacific. RIM is listed on the Nasdaq Stock Market (Nasdaq: RIMM) and the Toronto Stock Exchange (TSX: RIM). For more information, visit www.rim.com or www.blackberry.com.
Research In Motion, RIM, the RIM logo, the RIM Wireless Handheld family of marks, BlackBerry and the BlackBerry logo are trademarks of Research In Motion Limited. Research In Motion and RIM are registered with the U.S. Patent and Trademark Office. All other brands, products and company names mentioned herein may be trademarks or registered trademarks of their respective holders. Forward-looking statements in this news release are made pursuant to the "safe harbor" provisions of the United States Private Securities Litigation Reform Act of 1995. Investors are cautioned that such forward-looking statements involve risks and uncertainties, including, without limitation, risks relating to possible product defects and product liability, risks related to international sales and potential foreign currency exchange fluctuations, continued acceptance of RIM's products, increased levels of competition, technological changes, dependence on intellectual property rights and other risks detailed from time to time in RIM's periodic reports filed with the United States Securities and Exchange Commission and other regulatory authorities.