RIM pressured to settle BlackBerry case

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Wednesday night, Visto filed suit against Microsoft in U.S. District Court in Marshall, Texas. The privately held company claims that Microsoft's "foray into mobile e-mail and data access" infringes on three of its patents.

James H. Wallace Jr., an attorney for NTP, says he plans to argue in federal court in Virginia that these deals show there are available options for customers in the event of an injunction against RIM.

Although some industry observers believe NTP has no financial incentives to force a shutdown, lawyers for the company have claimed otherwise.

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"I understand that theory, and when BlackBerry was the only game in town, there was a certain logic to it," Wallace said.

Mark Guibert, vice president of corporate marketing for RIM, said in an e-mailed statement that he thinks most people will see through Visto's "timing and rhetoric."

"This is a small player looking for free publicity through a last-minute license with undisclosed terms for patents that have been rejected by the patent office," Guibert wrote.

While the two sides continue fighting, many U.S. customers say they have been left in the dark. Users have become increasingly frustrated with RIM and their wireless service providers for shedding little light on the suit's potential impact.

"There's been a complete lack of contact," Bradley Brown, research director for the investment firm Anderson & Strudwick in Richmond, said of his service provider, Sprint Nextel. "They have my e-mail, and obviously have my phone number."

Many users haven't given up on their BlackBerries, but they're clearly getting agitated.

Virginia's government is looking into other services, particularly for "critical users," said Kevin Hall, a spokesman for Gov. Mark R. Warner. And officials with Northwest Airlines Corp. were worried enough to demand a recent meeting with RIM.

Although the airline said it was satisfied with RIM's information, it also noted that it had identified alternative suppliers and was continuing to monitor the BlackBerry situation to ensure service would not be interrupted.

In a statement, RIM said it was speaking directly to customers and partners to explain the patent office's decisions and to "assure them that we have prepared a contingency plan to implement a software workaround should it eventually become necessary."

Wireless service providers provided similarly hazy statements.

Dobson Communications Corp., which provides Cellular One service, says it was working with RIM to ensure customers do not experience service lapses.

Sprint Nextel said it has seen RIM's workaround solution but would not say whether it was satisfied with the plan. (RIM has provided few details about the changes, and analysts have raised questions about whether it would be effective and immune to further NTP challenges.)

To help allay fears, Sprint Nextel said it has put concerned customers on the phone with RIM. "It's my understanding in some cases that it has been effective," said Matt Sullivan, a spokesman for Sprint Nextel.

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