The judge hearing a patent-dispute case against the maker of the BlackBerry device gave both sides time to settle the case, a relief to users of the text-messaging handheld computer who feared a court-ordered shutdown.

Research In Motion Ltd. shares surged as much as 12.7 percent after a judge didn’t order an immediate halt to U.S. BlackBerry e-mail service and a company lawyer said settlement talks to avoid a shutdown are “active.”

Shares of Waterloo, Ontario-based Research In Motion rose $5.89 to $75.42 at 1:27 p.m. in Nasdaq Stock Market composite trading. Earlier they rose as high as $78.38.

Research In Motion lawyer Martin Glick said talks were under way to resolve the patent dispute behind a possible shutdown of U.S. BlackBerry service. James L. Balsillie, co-chief executive officer of Research In Motion, said the company is willing to settle. Terms offered so far by patent owner NTP Inc. to resolve the matter are “illusory,” he said in an interview.

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