Is the UK’s Blackberry War Over?

March 5, 2008

A series of hearings in the battle between RIM and Visto over the patents underpinning the Blackberry device has resulted in what appears to be a win for RIM.

The full judgment is available on BAILII but Mr Justice Floyd is reported to have taken the view that Visto’s patent was not valid. However, questions arise from a quick reading of the summary of his judgment about RIM’s own patent protection. Since Mr Justice Floyd took the view that there would have been an infringement by RIM if Visto’s patent had not been invalid (both because it was based on obvious technology and because of the restriction of patentability of computer programs). That suggests that elements of the patents supporting the Blackberry device are themselves unprotected but perhaps this is an area where the technology has moved on and the battle in the marketplace, as opposed to the battles in the courts, is mainly about marketing.

Click here for the full judgment.