RIM has written a petition to The Supreme Court to hear its appeal from the Federal Circuitâ€™s decision that that was decided in NTPâ€™s favor in August, 2005. The main argument for RIM is that some of the BlackBerry architect resides in Canada, which makes NTP patents void. They cite,
Under Â§ 271(a) of the Patent Act, “use” infringement is expressly limited to use of a patented invention “within the United States.” The question presented is: Whether an Internet-based global telecommunications system, such as the BlackBerry wireless email system, is used “within the United States,” where components crucial to the systemâ€™s operation are located outside the United States.
According To David Crouch of Patently-O, in the past 2 years the Court has turned down at least two cases involving extraterritorial application of the patent laws, one being Microsoft v. Eolas.
You can download the petition here …