Any decision made by the circuit court? They have already appealed it and now it's back to the circuit court, they can go ahead and appeal again? I think I remember hearing the Supreme Court refuse to look at this case. Who would they appeal to, the same appeals courts theyve already lost in?
Yes, they can appeal the district court's scope of injunction to the Fed. Circuit, then the Federal Circuit's decision to the Supreme Court. Just as important, they can request the Fed. Circuit to stay any injunction until the Fed. Circuit has made a decision, and so on to the Supreme Court. Of course, no one knows what the Fed. Circuit will do.
Note that the Supreme Court is now reviewing the Ebay case, which the issue on appeal is whether injunctions are appropriate in a circumstance involving a patent troll (selling no products) or, for example, whether royalities are sufficient. Given that the Supreme Court feels that this is an issue (decision sometime in June) worth considering, I think it is hard for the Fed. Circ. or Sup. Ct for that matter, to deny a stay of injunction until then. Look, the bottom line is that regardless, RIM will not fight paying into escrow at that 5.7% if NTP will win. What the down-side for RIM is what the previous poster indicated.. defnitely pissing off customers and shareholders.
It is important when considering the impact of the eBay case to remember that the Supreme Court specifically directed the parties to deal broadly with when injunctions are appropriate in patent cases and not to just confine themselves to the issues specific to the eBay and MercExchange dispute.
The use of injunctions generally in patent cases is being reviewed by the Supreme Court.