Battle over Blackberry: Is the U.S. Patent System Out of Whack?

On Friday February 24 the long-running patent dispute between Research In Motion which makes the popular BlackBerry wireless email and communications device and NTP a holding company that claims RIM technology infringes on its patents will finally have its day in court. That’s when a federal judge will consider a possible injunction that would effectively shut down BlackBerry service in the U.S. But perhaps just as important as the specific facts of this case are the broader questions it raises: For example could RIM be shut down even as the U.S. Patent and Trademark Office (USPTO) is re-evaluating several of the disputed patents? Is the patent office bogged down with so many patent applications that it can no longer function effectively? Are companies abusing the original intent of patent law? And can a system that in 1977 permitted a patent for a ”comb over” -- technically a ”method of styling hair to cover partial baldness using only the hair on a person’s head” -- keep up with technological innovation?

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