Spencer rebuked both parties for failing to cut a deal: "The case should have been settled but it hasn't." Noting RIM's business imbecility, Spencer observed how the case has put "a cloud over RIM's business." Spencer decided to let the matter steep a bit longer, not to give himself time, but to let his tacit warning to RIM sink in.

The situation didn't sink in with the stock market, where investors ramped RIM's stock price 8% over the judge failing to immediately grant an injunction.

As to inconsistency, RIM said Friday that its so-called workaround would take two million man hours to complete, belying an earlier assertion that it the workaround will be easy for customers to implement.

To many observers, an injunction does appear likely. Brian E. Ferguson, with McDermott Will & Emery, said, "The handwriting was very clearly on the wall that an injunction is imminent. RIM was lucky he didn't issue an injunction right then and there."

Even the U.S. government, a 1-million strong Blackberry customer, thinks RIM is a bozo. Today the Feds told Spencer that they want to submit the names of government users who would be exempt from any injunction, not trusting it to RIM.

The Wall Street Journal posted an interesting article focused on RIM's obstinacy. Ken Dulaney at Gartner, a research firm, who has contacts with Jim Balsillie and within RIM, noted the fervent belief among RIM employees that RIM was being wronged "borders on religion." "They're going to lead the crusade," Dulaney observed. Dulaney also related a personal story demonstrating what a hothead Balsillie is.

The WSJ article noted how accounting firm Grant Thorton was already moving away from the Blackberry. "I love the BlackBerry product, but… I can get more complete service in a Windows Mobile device," a company spokesman remarked. Expect a lot more defections from the Blackberry, regardless of how this case turns out, as competitors roll out exciting new products with more features. 

NTP co-founder Donald Stout said RIM could have settled years ago for a licensing fee pittance of $10-20 million, as RIM's competitors have done in the past several months by taking licenses from NTP. NTP has recently indicated willingness to settle with RIM, albeit now at a price tag approaching a billion dollars. RIM could have had a deal at $450 million last March, but balked. Jim Balsillie said that "NTP's so-called 'reasonable' offer was pure theater." Jim's sense of drama may be to his company's ultimate demise.