Research In Motion (RIM) today provided an update in the patent litigation between RIM and NTP. RIM has developed and tested software workaround designs for all BlackBerry handsets operating on converged voice/data networks in the United States. RIM has developed these software workaround designs as a contingency to allow BlackBerry service to continue should the court implement an injunction in the current litigation involving the NTP patents.

RIM has been able to modify its underlying BlackBerry message delivery system to "work around" the NTP patent claims. RIM has also received a confidential and privileged legal opinion confirming that RIM's software workaround designs do not infringe any of the NTP patent claims remaining in the litigation.  

Multi-Mode Edition Software:

RIM has incorporated the workaround designs into a software update called BlackBerry Multi-Mode Edition that has been developed and tested as a contingency. RIM has also filed new patent applications with the Patent Office to cover its workaround designs. In the absence of an injunction, the software and the underlying message delivery system can continue to run in "Standard Mode" (identical to the manner in which the current BlackBerry software and system operate) and the workaround will remain dormant. In the event of an injunction, RIM is able to remotely activate "US Mode" via its NOC and the workaround designs would automatically engage for each handset containing the Multi-Mode Edition software update.

In the event of an injunction barring new sales of products utilizing RIM's current system designs, RIM will have already pre-loaded the new BlackBerry Multi-Mode Edition software on to BlackBerry handsets and incorporated it into BlackBerry Enterprise Server software prior to shipping.