DOJ asks court to keep BlackBerry service on for federal workers
The devices are widely used by U.S. government and congressional workers
IDG News Service - The U.S. Department of Justice has asked a judge to ensure that government users can continue to send each other e-mail on their "essential" BlackBerry devices, even though the court has ruled against the maker of BlackBerry devices in a patent infringement case (see "Patent tussle could shut down BlackBerry service in U.S.").
The U.S. District Court for the Eastern District of Virginia may soon reinstate an injunction requiring Research In Motion Ltd. (RIM) to stop selling BlackBerry devices and software in the U.S., but the DOJ, in a statement of interest filed with the court, argued that government workers would lose an important tool if BlackBerry devices are no longer available.
"The United States has a considerable interest in this action, to assure that its use of BlackBerry devices and software... is not impeded and that the public interest is not substantially harmed by any injunctive relief," wrote Paul McNulty, U.S. attorney for the Eastern District of Virginia, in the Nov. 8 document. BlackBerry devices are widely used by government and congressional workers in Washington.
Waterloo, Ontario-based RIM does not maintain a database of government BlackBerry users, and it would be difficult for the company to identify such users, the DOJ document said. RIM identifies users by personal-identifier numbers, not by e-mail addresses ending in government identifiers such as .gov or .mil, the document said.
Instead, it may be necessary to create a huge government "white list" of users who should not have their BlackBerry service turned off if the injunction is reinstated, the DOJ said.
The DOJ also noted that the five patents related to wireless communications held by Virginia patent firm NTP Inc. are under review by the U.S. Patent and Trademark Office. An NTP lawyer wasn't immediately available for comment.
In December 2004, the U.S. Court of Appeals for the Federal Circuit upheld a 2002 jury decision awarding NTP $23.7 million in damages for patent infringement. The appeals court sent the case back to the Virginia court for further deliberations. After the jury award, the Virginia court slapped an injunction on sales of BlackBerry devices and server software in the U.S., but the appeals court had vacated the injunction.
In March, the two companies announced they had agreed to settle the dispute by having RIM make a $450 million payment to NTP in exchange for a perpetual license to NTP's patents. However, that deal fell through; RIM thought it had a final agreement while NTP insisted the companies had never reached a definitive pact. RIM has asked an appeals court to enforce theterms of the settlement and is expected to argue against an injunction by pointing out that it agreed to settle the case months ago.
- Agility & Scalability for Oracle EBS R12 and RAC on VMware vSphere 5 This white paper outlines extensive performance and scalability testing of Oracle EBS applications on a Vblock™ Systems with vSphere 5.
- Oracle and VCE: The Next Step in Integrated Computing Platforms In this ESG Lab review you will learn how a VCE system driven by Oracle, delivers the perfect blend of high performance and...
- Migrate Oracle Apps from RISC/UNIX to Virtualized x86 Ready to move Oracle to a virtualized environment? This brief explains how true converged infrastructure can help you migrate from a RISC/UNIX environment...
- Step Out of the Bull's-Eye Learn about the evolution of targeted attacks, the latest in security intelligence, and strategic steps to keep your business safe.
- Keep Servers Up and Running and Attackers in the Dark An SSL/TLS handshake requires at least 10 times more processing power on a server than on the client. SSL renegotiation attacks can readily...
- On Demand: Mastering the Art of Mobile Content Management Mobile device usage in the enterprise has skyrocketed, and it continues to escalate. IT must answer to users who demand access to their... All Gov't Legislation/Regulation White Papers | Webcasts