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

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

Monetisation is standing at the forefront of patent development, and one firm says AI is increasingly being deployed
Data centres are being built across the US, prompting patent disputes, but Texas’s thriving tech industry and patent-ready courts make the state particularly ‘ripe’ for litigation
Carpmaels & Ransford is set to bolster its UK attorney team with the appointment of Simmons & Simmons’s head of IP in the UK
Updates on Nokia’s licensing strides and a surge in patent activity around battery recycling in Australia were also among the top talking points
To mark International Day Against Child Labour, Matteo Amerio at Corsearch says the people inside businesses who can identify counterfeiting risks must be given the tools and authority to act
With genuine equity at IP firms becoming rarer, securing partnership is harder than ever, but increased transparency is also making climbing the ladder more predictable
Yossi Sivan explains how Israeli judgment is a pro-brand owner departure from the norm and why it sends a strong message that corporate structures are not always a shield
Halim Shehadeh, group CEO of IP firm CWB, says that in the rush to discuss what AI can do, IP firms are overlooking the more important question of whether they are ready
Caitlin Heard, who formally joined the firm from CMS last month, says she is excited by the ‘energy’ of the London office
Ranjna Mehta-Dutt, who moved to Chadha & Chadha after 25 years at Remfry & Sagar, says the firm plans to expand its life sciences practice through targeted recruitment and dedicated teams for bigger clients
Gift this article