No Decision Yet On BlackBerry

Judge Ends Hearing Without Immediate Ruling On BlackBerry Injunction

(CBS/AP) 
RIM's attorneys also noted that the U.S. Patent and Trademark Office is poised to finally reject all patents at the heart of the case.

Although Spencer previously had said he was unwilling to delay his proceedings while awaiting final word from the agency, the speedier moves from the patent office have some attorneys wondering whether Spencer will be swayed.

"I really feel it's too close to call," said Stephen Maebius, a Washington patent attorney not involved in the case. "I can really see it going both ways."

Analysts say BlackBerry users shouldn't be too worried. They say RIM could still settle for as much as $1 billion. And, under the threat of an injunction, RIM has said it would introduce new software that would not violate NTP's patents.

How well that software works is another question. Because RIM has released few details, analysts and some companies are concerned.

NTP, based in Arlington, sued in 2001, and a year later, a federal jury agreed that RIM had infringed on the smaller firm's patents. The jury awarded NTP 5.7 percent of U.S. BlackBerry sales, a rate that Spencer later boosted to 8.55 percent.

Spencer first issued an injunction in 2003 but held off on its enforcement during RIM's appeals. After those efforts largely failed, the case returned to Spencer.

The Justice Department, health-care companies and others concerned about a possible injunction have made recent court filings.

But should a BlackBerry shutdown actually occur, a wide variety of rivals might benefit, ranging from Microsoft Corp. and Palm Inc. to lesser-known software makers including Good Technology Inc., Visto Corp. and Seven Networks Inc.

A growing number of handheld makers including Palm, Motorola Corp., Hewlett-Packard Co. and Samsung Electronics Co. are making keyboard-equipped handhelds that run on the Windows Mobile operating system. These devices can deliver BlackBerry-like service using Microsoft's software or third-party applications from the likes of Good and Visto. BlackBerry users also can switch to their cellular provider's brand of service (many of these are powered by Seven and Visto).