This Day On The Street
Continue to site right-arrow
This account is pending registration confirmation. Please click on the link within the confirmation email previously sent you to complete registration.
Need a new registration confirmation email? Click here
Stocks Under $10 with 50-100% upside potential - 14 days FREE!

Score One for Research In Motion

Research In Motion (RIMM) got a bit of good news on Thursday in its long-running patent dispute with NTP.

In a provisional move, the U.S. Patent and Trademark Office rejected one of the patents at the heart of that dispute. The PTO could still change its mind, but the ruling is at least the second of its kind and represents an incremental step forward for RIM in its efforts to resist NTP's claims on the BlackBerry messenger.

Don Stout, co-founder of NTP and an attorney for the firm with Antonelli, Terry, Stout & Kraus, said he hadn't yet read the PTO's decision, but didn't seem particularly worried by it. Stout noted that the decision was part of the PTO's ongoing process of re-examining NTP's patents.

"We have months to respond. This is more of an administrative process," he said.

Representatives for RIM did not immediately return calls seeking comment.

The patent dispute between RIM and NTP, a Virginia-based patent holding company, has been proceeding on two separate tracks. In court, a jury found that RIM's popular BlackBerry service infringed on NTP patents covering wireless email systems. A federal appeals court largely upheld that decision in two successive rulings over the last year, and a district court now has the case back in its hands.

That court ruled Wednesday that an aborted settlement agreement between the two companies was unenforceable and further decided to reject RIM's calls for a delay in the trial. The court will now consider what penalties to impose on RIM and whether to reinstate an injunction against the company that could bar it from offering its BlackBerry service in the U.S., its key market.

RIM's desire to delay the trial was related to the proceedings at the PTO -- the second of the two tracks in the dispute, and the one in which it has considerably more success to date. Thus far, the PTO has rejected all of NTP's patents in so-called first office actions, essentially initial opinions on their validity. Thursday's move by the PTO was a "non-final action," the next step in the re-examination process.

1 of 2

Select the service that is right for you!

Action Alerts PLUS
Try it NOW

Jim Cramer and Stephanie Link actively manage a real portfolio and reveal their money management tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
  • Weekly roundups
TheStreet Quant Ratings
Try it NOW
Only $49.95/yr

Access the tool that DOMINATES the Russell 2000 and the S&P 500.

Product Features:
  • Buy, hold, or sell recommendations for over 4,300 stocks
  • Unlimited research reports on your favorite stocks
  • A custom stock screener
  • Upgrade/downgrade alerts
Stocks Under $10
Try it NOW

David Peltier, uncovers low dollar stocks with extraordinary upside potential that are flying under Wall Street's radar.

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
  • Weekly roundups
Dividend Stock Advisor
Try it NOW

Jim Cramer's protege, David Peltier, identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.

Product Features:
  • Diversified model portfolio of dividend stocks
  • Alerts when market news affect the portfolio
  • Bi-weekly updates with exact steps to take - BUY, HOLD, SELL
Real Money Pro
Try it NOW

All of Real Money, plus 15 more of Wall Street's sharpest minds delivering actionable trading ideas, a comprehensive look at the market, and fundamental and technical analysis.

Product Features:
  • Real Money + Doug Kass Plus 15 more Wall Street Pros
  • Intraday commentary & news
  • Ultra-actionable trading ideas
Options Profits
Try it NOW

Our options trading pros provide daily market commentary and over 100 monthly option trading ideas and strategies to help you become a well-seasoned trader.

Product Features:
  • 100+ monthly options trading ideas
  • Actionable options commentary & news
  • Real-time trading community
  • Options TV
To begin commenting right away, you can log in below using your Disqus, Facebook, Twitter, OpenID or Yahoo login credentials. Alternatively, you can post a comment as a "guest" just by entering an email address. Your use of the commenting tool is subject to multiple terms of service/use and privacy policies - see here for more details.
Submit an article to us!


DOW 18,053.71 +23.50 0.13%
S&P 500 2,088.77 +6.89 0.33%
NASDAQ 4,806.8590 +33.3870 0.70%

Brokerage Partners

Rates from

  • Mortgage
  • Credit Cards
  • Auto

Free Newsletters from TheStreet

My Subscriptions:

After the Bell

Before the Bell

Booyah! Newsletter

Midday Bell

TheStreet Top 10 Stories

Winners & Losers

Register for Newsletters
Top Rated Stocks Top Rated Funds Top Rated ETFs