While the BlackBerry injunction hearing is taking place, the US Patent and Trademark Office (USPTO) issued a final rejection of another NTP patent that Research In Motion was found infringing upon. This is the second this week and leaves only one infringed patent left.
RIM has confirmed to journalists that it has received the rejection notice, it's for patent #5,436,960. NTP is still able (and quite likely) to appeal the ruling.
Shares of RIM [RIMM] are spiking on the news, up over 6%.
According to RIM:
1) Patent #6,317,592 contains 6 of the 9 claims at issue in this case and all 6 claims were rejected in the Patent Office ruling disclosed by RIM on February 1, 2006.
2) Patent #6,067,451 contains 2 of the 9 claims at issue in this case and both claims were rejected in the Patent Office ruling disclosed by RIM on February 22, 2006.
3) Patent #5,436,960 contains the last of the 9 claims at issue in this case and that claim was rejected in the Patent Office ruling disclosed today.