A workaround devised by Research in Motion to keep its
Blackberry devices running if a US court injunction relating to
disputed patents is implemented should be seen “primarily as a
negotiating tactic”, analyst firm Gartner has warned.
RIM is embroiled in a long-running legal battle with patent
holder NTP. The US courts have upheld a ruling that the Blackberry
product infringes NTP patents.
RIM now faces the possibility of an injunction from NTP that
could shut down the US Blackberry network, and earlier this month
issued a workaround designed to keep services running if the courts
grant an injunction.
But in its analysis of the workaround, Gartner says: “The
complexities involved in the NTP-RIM patent infringement issue lead
us to believe that RIM's announcement of a work-around will serve
primarily as a negotiating tactic.”
It warns: “RIM’s work-around documentation does not address
traffic emanating from the US for a foreign device — a scenario
that Gartner believes may be subject to NTP patent claims. RIM also
has made no comment on performance impact.”
Impact is “likely due to the heavier protocol requirements”
needed to make the fix work, it adds. Users also face costs in
upgrading their devices with the fix – a company with 500
Blackberry users would need “at least a month-long effort” to get
the work done.
Gartner believes it is “almost certain” that NTP will challenge
the workaround and that settlement of the case “remains the most
likely outcome”.