BlackBerry and the patent trolls

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

BlackBerry and the patent trolls

In 2006, BlackBerry (then called RIM) was the first high-profile victim of a patent troll. Seven years later, as it fights to survive as a business, it could become one

BlackBerry

The motto of the city of Waterloo, Ontario is “stability”. Unfortunately, that seems to be a distant hope for the city’s biggest employer BlackBerry. The company this week said that, in the face of falling numbers of users, revenues and profits, it was “exploring strategic alternatives” including a possible sale.

Maulin Shah and S Farhan Mustafa of Envision IP offer a solution to its woes: “BlackBerry should leverage patent portfolio in seeking strategic options”. They calculate that the company owns more than 3,600 US patents, and applied for 1,344 in 2011 alone, more than either Google/Motorola Mobility or Nokia. They also predict that the company will explore its patent licensing and enforcement options: “While a sale in-part or whole of its patent portfolio may be an option, we believe that aggressive licensing and monetization may provide for a beneficial long-term revenue model for BlackBerry.”

In other words, BlackBerry could become a patent troll.

The irony of this is that the company (then called Research in Motion) was among the first and most famous victims of trolls when it was sued by NTP in a dispute that began in 2002. Facing the prospect of an injunction that could have shut down its entire US network (this was in the days when every US politician, business leader and lawyer came with a BlackBerry surgically attached), the Canadian company settled for a whopping $612.5 million in 2006. (To add insult to injury, some NTP patents were later invalidated.)

The next few months will reveal what becomes of BlackBerry and its extensive patent portfolio, but the Shah/Mustafa solution makes sense in the light of recent developments at Microsoft and Nokia. The former has trumpeted the patent licensing deals it has signed with Android manufacturers, and one recent estimate by Alex Wilhelm on The Next Web suggests that by 2017 Microsoft could be making $3.375 billion a year from Android licensing (beware: there are lots of numbers in here). As Wilhelm says: “We can all but score [this income] as profit”. (Another estimate suggests those figures are on the conservative side, arguing that revenues could reach as much as $8.8 billion by 2017.)

troll classic

Meanwhile, Nokia’s licensing revenues continue to grow, even as sales of its handsets fall. In a quarterly update in April, chief financial officer Timo Ihamuotila said it would earn $650 million this year from licensing its estimated 10,000 patent families (many of which cover fundamental mobile telecoms technologies) and other IP rights to manufacturers such as Apple, which is believed to pay Nokia a substantial royalty on the sale of every iPhone. Nokia chief executive Stephen Elop added that new vendors were creating “significant opportunities” for further growth. Following the company’s half-year report last month, Seeking Alpha estimated that “Nokia is expected [to] generate between $800 million and $1.5 billion in patent license fees and royalty payments annually”.

In the light of recent debates, it would be easy to think that what is or is not a patent troll is always clear. But of course there is, and always has been, a spectrum of patent strategies ranging from pure manufacturers with no IP licensing at one extreme to companies who manufacture nothing but only license at the other. Companies such as IBM, Google, Apple, Microsoft, Nokia and BlackBerry all sit at slightly different points on this spectrum. And some of them are clearly moving towards the troll end.

more from across site and SHARED ros bottom lb

More from across our site

Boehringer Ingelheim has instructed a team from Kirkland, while Teva is being represented by Pinsent Masons
The Delhi High Court’s latest directions offer an opportunity to move beyond remedies against bad-faith registrations and address how suspicious applications are identified in the first place, says Fatima Baig at Lexlinc
Camilla Hamrin describes how the acquisition by Acapo Onsagers will impact Bergenstråhle’s trademark practice – and reflects on changes she has seen over 30 years in IP
On a recent trip to the French capital, we learned that the UPC is squeezing domestic litigation while firms are chasing senior talent, experimenting with AI and considering new ways of organising their practices
Daniel Law says a string of lateral hires and broader expansion plans will strengthen its position to capitalise on Brazil’s burgeoning IP and patent litigation market
Jason Raeburn’s arrival will expand the firm’s London footprint in AI, copyright and tech disputes
The firm is shaping its AI strategy around partnerships with Harvey and Legora alongside internally developed tools from its legal technology company, Eltemate
A dispute Down Under shows why trademark lawyers cannot afford to wait on the sidelines when a rival brand gathers momentum
The Third Circuit’s decision in Thomson Reuters v ROSS marks the first appellate-level decision addressing AI and fair use, prompting copyright counsel to consider arguments around potential licensing markets
Injunctions for HandsFree Labs and Align Technology come as the Court of Appeal warns that busy teams must have the staffing and resources to meet UPC deadlines
Gift this article