Motorola has been suing BlackBerry maker Research In Motion over a patent relegated to an email gateway; however, a high court judge has ruled that Research In Motion doesn’t infringe Motorola’s patent reports an article over on the Calgary Herald.

Apparently the high court judge in London invalidated a Motorola patent saying that even if it had been valid, two RIM communications systems didn’t infringe said patent.

From 2003 to 2007 Motorola and Research In Motion had a licence agreement in place and since then have been suing each other over patents when they both failed to reach a new agreement.

The most recent action was Motorola asking the US International Trade Commission to halt Research In Motion products importing smartphones which they claim infringes five of their patents but as yet the ITC has not investigated.