Canadian Government Chimes-In on BlackBerry Patent Dispute

In an unusual "friend of the court" brief filed with the Federal Circuit last week, the Canadian Government asked the court to reconsider its decision that Ontario-based RIM is infringing NTP's patents. The Canadian government felt the holding was "a bit off base" when it reportedly contacted RIM's attorney Henry Bunsow. He says that they voiced concern that RIM's system "is partially located in Canada, and U.S. patents shouldn't reach there." Click here for more from The Recorder via Law.com.

The Globe and Mail is reporting that the five-page brief states that "Canada is especially concerned that the uncertainty resulting from the panel's decision, with its potential for being applied in an inappropriately extraterritorial or discriminatory fashion, may have the further troubling effect of chilling innovation by Canadian companies operating in key industry sectors in Canada, particularly the high-technology sector." The also quote André Lemay, a deputy director of the of the Department of International Trade, as saying "This is something that we take very seriously. So in so doing we decided that this is definitely a case where we could prepare an amicus curia brief." Click here for more from the Globe and Mail.

"We're concerned about the potential implications the decision could have on cross-border electronic, e-commerce and telecommunications services . . . essentially we're seeking clarification," Mr. Lemay reportedly told Reuters. "This potential extraterritorial application of U.S. law makes it very difficult for Canada to just stand on the sidelines."