Analysts question BlackBerry patent workaround

Analysts believe RIM's BlackBerry service could still be withdrawn in the US

RIM's patent workaround unveiled last week is not the silver bullet that the BlackBerry maker claims it to be, analyst firm Current Analysis has warned. 

"The workaround could accomplish nothing if Judge Spenser demands that the BlackBerry service be shut off, even if RIM implements this workaround smoothly, " wrote analysts Avi Greengart and Kathryn Weldon.

"And NTP may sue, claiming that the workaround does, in fact, violate NTP's patents. At that point, the judge could demand that the workaround be terminated as well."

The Current Analysis report praised RIM for soothing concerns with users about a possible interruption to its service. The software could also allow the company to focus more on its business without being distracted by the lawsuit.

RIM unveiled a workaround last week which it claimed would provide its wireless email devices with technology that steers clear of a patent at the centre of a prolonged lawsuit.

The workaround is delivered as an update to the device's operating system and equips it with a special "US mode". If the judge grants an injunction against RIM, the vendor could guarantee its service by remotely flipping over all BlackBerry devices in the US.

However, the analysts questioned why RIM had not implemented the workaround immediately, which would put an end to the patent dispute.

This delay raises doubts about the seamlessness of the workaround. While RIM has said that the switch would cause no disruption to its service, the vendor did not say anything about third-party applications.

"It would be impossible for RIM to have tested the workaround with all its third-party partners," the report warned. "What the workaround really does is buy RIM time."

That time could either be used sit out a procedure in which the US Patent and Trademark Office seeks to invalidate the patent, or to reach a legal settlement.

RIM has previously offered about $500m to settle the case, but NTP turned down the offer and is hoping to get more.