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Judge Seeking End to BlackBerry Case

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From Associated Press

Say what you want about patent infringement suits, at least the BlackBerry case has drama.

A federal judge, clearly impatient with the long-running case, could issue an injunction soon on U.S. sales and service of the wireless e-mail device.

Remarkably, neither BlackBerry maker Research in Motion Ltd. nor tiny patent holder NTP Inc. have shown signs of backing down. In effect, they’re daring each other to blink first and settle.

Although the odds of an actual shutdown are low, conflicting opinions about the possible outcomes and the spin from both sides have created a confusing picture.

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James R. Spencer, a no-nonsense U.S. district judge widely respected in the legal community, now finds himself in the unusual position of weighing an injunction against RIM even as the U.S. Patent and Trademark Office is expected to finally rescind NTP’s patents.

Spencer has signaled that he is unwilling to delay his proceedings while awaiting final word from the patent office, which lags far behind the courts. He has scheduled a hearing for Friday on the injunction and damages.

Because patent infringement cases don’t often rise to this level of importance and even fewer make it this far in the courts, it’s hard to tell how Spencer will rule.

“His bottom line is that he wants this case off his docket,” said Susan Dadio, a patent attorney in Alexandria, Va.

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The Week Ahead

Tuesday

* Minutes of the Federal Reserve Board’s Jan. 31 meeting are released.

* Quarterly earnings reports expected from Wal-Mart Stores Inc. and Home Depot Inc.

Wednesday

* The Labor Department releases January’s consumer price index.

* Quarterly earnings report expected from Sprint Nextel Corp.

Friday

* The Commerce Department reports durable goods orders for January.

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