Updated from 2:33 p.m. EDT
Dealt another setback in a long-running patent dispute,
Research In Motion (
RIMM) is throwing a Hail Mary pass.
On Friday, the Court of Appeals for the Federal Circuit on Friday denied RIM's request to have its case re-heard by an en banc panel of 12 judges. The appeals court had previously
upheld a lower court ruling that RIM had infringed on several patents held by NTP.
In response to the appeals court's latest decision, RIM plans to appeal the case to the U.S. Supreme Court. RIM plans to ask the circuit court to stay the case until the Supreme Court decides whether to hear it.
That decision is likely to be negative, said Jeff Neuberger, a patent attorney with Brown Raysman Millstein Felder & Steiner in New York.
"The odds of any particular case being heard by the Supreme Court are very small," said Neuberger.
Even the company acknowledged that its chances for a re-hearing by the high court were slim.
"While en banc review at the Federal Circuit or further review by the Supreme Court is generally uncommon, RIM continues to believe this case raises significant national and international issues warranting further appellate review," the company said in a statement.
Company representatives did not immediately respond to requests for further comment.
NTP had expected RIM to appeal the case to the Supreme Court, because the BlackBerry maker had previously stated its intention to do so, said John Wyss an attorney with Wiley Rein & Fielding in Washington, D.C., which represents NTP. Still, Wyss questioned RIM's motives behind the appeal and whether the high court would take the case.
"Certainly, they have a right to seek review. Whether the Supreme Court has any interest in the case is another question," he said, adding that RIM has "been trying to keep the case going as long as they can."
