Monday, January 23, 2006

SUPREME COURT DENIES RIM REHEARING: The Supreme Court has denied RIM's petition for certiorari and sent the case back to the district court. Over the next few weeks, the district court judge will be hearing arguments regarding the scope of any potential injunctions, and will readdress the scope of damages.

As such, the Federal Circuit's decision will stand. In the decision, the Federal Circuit held, among other things, that patents related to systems may be infringed, even though parts of the system are located outside the territory of the United States. The question of whether pure "method" claims can be infringed under the same circumstances is still a question mark, and may be dealt with in the near future by the Federal Circuit (which recently punted on this issue in an en banc hearing).

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