The only problem was that to get the demonstration to work, TeckNow and RIM had secretly swapped in newer software. NTP's lawyer spotted the discrepancy and cornered Mr. Keeney and RIM officials during cross-examination. After a few more minutes of struggling to explain how the newer version was installed, Judge Spencer cut Mr. Keeney off and told the jury to leave the room. �I'll count to 10. I don't want to yell at you,� the judge said, admonishing RIM's legal team for the deception.

Then he called the jury back in and told them to disregard the RIM demonstration � the demo that was supposed to seal its case. It was the turning point in the trial: A judge telling jurors that the defendant's key piece of evidence was fabricated.