Supreme Court Rejects RIM's Stay Request By MARK H. ANDERSON, DOW JONES
U.S. Supreme Court Chief Justice John Roberts denied Research In Motion Inc.'s request to freeze lower court proceedings in a patent dispute between the BlackBerry maker and NTP Inc. Shares of Research In Motion fell 4%, or $2.36, to $55.04 on the Nasdaq Stock Market after the decision was announced.
The emergency request was denied without comment. RIM could refile the request with another justice, but such a move isn't likely to result in a different outcome. Chief Justice Roberts handles emergency requests for cases out of the Washington-based Federal U.S. Circuit Court of Appeals, which reviewed the case on appeal because it dealt with patent law.
Research In Motion, a Waterloo, Ontario, maker of Blackberry wireless email devices, has been trying to ensure a U.S. District Court doesn't enact an injunction restricting its ability to sell and support Blackberry operations in the U.S. because of a patent infringement case the company lost against NTP, a Virginia patent holding company. It filed an emergency appeal with the Supreme Court on Monday.
In a statement after Wednesday's decision, RIM confirmed the high court had denied its emergency request, but added the court "was not asked to, and did not decide, whether it ultimately will accept an appeal of the decision in the case."
Congress discovered Blackberries a couple of years ago, after Wall Street, tech execs, and lobbyists. My take on the legal battle that RIM is waging is that an injunction will be granted, forcing RIM to shut off the Blackberry e-mail service. So if you see an IM junky walking the corridors of power with a nervous tic, be kind to these withdrawing addicts.