Blockberry ? RIM vs NTP, to be continued

Will Judge James Spencer order your BlackBerry service to be shut down ? Research In Motion want to go up to the Supreme Court for their patent trouble with NTP Inc. As if losing all previous trials and increasing at each step the fine didn't deter them.
Whatever the CrackBerry equipment rate within the Supreme Court, I guess Judge Roberts will be listening to RIM's main argument : "you cannot abort our kid, especially that late in the process".
To which NTP Inc. may answer "hey, this is my kid, and DNA tests proved it !" but RIM could then switch to another tender spot, such as "that's Darwinian rubbish - we're facing a miraculous case of immaculate conception ! We don't have a Chief Internet Evangelist on board but we just hired a Chief Creationist".