Here is the complete response from Guibert when asked whether a work-around is in place:

"RIM's software work-around designs are ready and will be implemented if necessary. There is, however, no injunction order currently in place, and it is far from clear whether existing customers would even be subject to any potential injunction. In the event of an injunction (although, to be clear, RIM doesn't believe an injunction is appropriate), RIM believes that existing customers would be entitled to continuing service and that any injunction, if granted, should only apply to new devices being sold.

"In the event of an injunction barring the sale of RIM's current product designs, RIM would preload the new software work-around on devices prior to shipping to customers. Work-arounds are a legitimate strategy respected by the courts, so RIM would be fully entitled to alter its software with a non-infringing workaround and continue shipping.

"Even if an injunction were granted, and even if it applied to existing users, a grace period would allow time for customers to install the necessary software update to allow continued service. NTP has suggested a 30-day grace period, but RIM would present the courts with facts and arguments that warrant a longer grace period.

"In parallel to the court proceedings, the Patent Office is continuing its re-examinations. All of the NTP patents have already been soundly rejected by the Patent Office, and the Patent Office is expected to issue final office actions in the coming weeks.