"We get the right to shut them down," Wallace said.
Indeed, the district court that initially ruled against RIM granted an injunction against the company, but put it on hold, pending the appeal. The appeals court has now overturned that injunction, awaiting the outcome at the district court.
Wallace declined to say if the companies have resumed their settlement talks.
The long-running patent case has been a persistent thorn in RIM's side. Although the wireless email service and device provider has been expanding rapidly in Europe and Asia, the lion's share of its revenue comes from the U.S., meaning that any injunction against it as a result of the NTP matter could prove a major blow.The court's decision to throw out the business method claims had to do with the fact that part of the BlackBerry service operates via a relay based in Canada. U.S. patents cover only methods that are employed within the U.S., the court ruled.