RIM to Take Good to Trial

One of the several legal spats between Research
In Motion
and upstart rival Good Technology is heading to trial.

The suit, one of four in total, deals with RIM’s claim that Good took
customer information from RIM. In a hearing Wednesday, Canada’s RIM applied
for a preliminary injunction in the California Superior Court seeking to
stay Sunnyvale, Calif.’s Good from using that data. But Good claimed that it
is no longer using the allegedly misappropriated information, leading the
court to refuse RIM’s injunction request.

RIM said the judge suggested that in light of Good’s voluntary restraint,
damages would be an adequate solution to the problem. RIM also sought to
enjoin certain use of Good’s software, which it felt conflicted with its
own. The court also denied this and ordered the matter go to trial.

A status conference has been slated for June 3, and RIM also plans to follow
up on a few other lawsuits versus Good relating to patent, trademark and
copyright infringement. In the meantime, RIM said it will continue trying to unearth what it perceives as wrongdoings by Good.

Good launched in May 2002 with the hope of competing with RIM in the wireless
market for pocket devices, wireless corporate e-mail, other applications and
server software. Shortly after coming onto the scene, Good filed
a preemptive suit against RIM, attacking RIM’s patent on unified e-mail.

The legal entanglement has roots going back to last June, when RIM filed
a lawsuit against Good alleging that Good’s wireless goods and services
infringe on four RIM patents within RIM’s Wireless Integration Patent
Portfolio. A month later, RIM filed
an additional lawsuit against Good claiming that it infringes on a portion
of RIM’s Copyright Portfolio associated with the user interface on RIM’s
line of BlackBerry wireless handhelds.

Continuing the barrage of claims, RIM filed
another lawsuit in the same month, alleging that Good has engaged in unfair
competition, false advertising, trademark infringement and trademark
dilution resulting in the unlawful use of the RIM and BlackBerry names.

In the most far-reaching claim of them all, RIM filed
another lawsuit against Good in September 2002, claiming that it has engaged
in misappropriation of trade secrets, breach of contract, tortious
interference with contracts and prospective economic relations, unfair
competition, unjust enrichment, breach of implied duty of good faith and
fair dealing.

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