PATENT: ITC Commences Section 337 Investigation into Research In Motion's Alleged Infringement of Prism Technologies Patent

On December 29, 2009 the U.S. International Trade Commission (ITC) commenced a Section 337 investigation concerning Research In Motion Ltd. (Canada) and Research in Motion Corp. (Irving, Texas)(RIM)'s alleged unlawful importation into the United States, sale for importation into the United States and/or sale within the United States after importation certain authentication systems, including software and handheld electronic devices.

Prism Technologies LLC (Prism) filed a complaint with the ITC on December 2, 2009, alleging that RIM violated Section 337 by importing goods and services that infringed Prism's U.S. Patent No. 7,290,288 for a "Method and System for Controlling Access, by an Authentication Server, to Protected Computer Resources Provided Via an Internet Protocol Network."

According to Prism's complaint, "Prism's '288 Patent covers an innovative way of controlling access to protected electronically stored data and information requested by a device using an Internet Protocol network. More specifically, the method and system disclosed by the '288 Patent controls access to protected electronically stored data and information using an authentication server. The authentication server has an associated database that stores authentication data associated with a user device and authorization data associated with the protected electronically stored data and information. The user device requests access to the protected electronically stored data and information by sending its' authentication data to an access server which, in-turn, forwards the data to the authentication server in order to authenticate the user device. If the user device is authenticated, the authorization server then authorizes the user device to receive access to the protected electronically stored data and information. Upon successful authentication and authorization of the user device by the authentication server, the authentication server permits the device to access the protected electronically stored data and information." Prism alleges that RIM's BlackBerry Desktop and Administrator Activations of the BlackBerry Enterprise Solution infringe various claims in the '288 patent.

Prism is seeking a limited exclusion order barring RIM's infringing authentication systems from entry in the U.S. including software and handheld electronic devices; cease and desist orders prohibiting RIM Corp. from importing infringing products into the U.S.; and that the ITC impose a bond on RIM's importation of allegedly infringing authentication systems.

Prism also filed a patent infringement action against RIM and Microsoft Corporation on December 29, 2008 in the U.S. District Court for the District of Nebraska (case No. 8:08-CV-537) in connection with the ‘288 Patent. According to the ITC complaint, Prism apparently settled with Microsoft; however, the district court action against RIM is still pending. A copy of Prism's federal district court complaint against Microsoft and RIM can be found here.

Prism's patent can be found here and Prism's complaint filed with the ITC can be found here.

Details concerning the ITC's investigation can be found here. General information about the ITC can be found here.