Let's Get Started!!
Quote:
|
Originally Posted by barjohn
Given that the underlying basis for the case (namely the patents) have been ehld to be invalid
|
Incorrect. The patents were never held invalid.
Quote:
|
Originally Posted by barjohn
it is unlikely that a judge would impose an injunction (though stranger things have happened).
|
Incorrect, see above.
Quote:
|
Originally Posted by barjohn
While the jury found that RIM infringed the patents (finders of fact), they made no finding as to the validity of the patents.
|
Incorrect. The jury found the patents "not invalid."
Quote:
|
Originally Posted by barjohn
The assumption was that the patents were valid.
|
Correct!
Quote:
|
Originally Posted by barjohn
Now that the patent office has found the patents to be invalid
|
Incorrect. The USPTO rejected the claims during the first round of reexamination, but the claims will likely live on, although with likely some altered scope.
Quote:
|
Originally Posted by barjohn
(though this finding can be challenged),
|
Half-correct, NTP will argue with the USPTO over allowable scope of the claims of the patents. This process may take years.
Quote:
|
Originally Posted by barjohn
it seems to me that a judge would be hard pressed to say that the other finding should be enforced. Add to this mix the fact that the parties had agreed upon a settlement and a contract was agreed upon (of course NTP will argue that no such agreement was reached despite the prima facie evidence to the contrary in the form of their joint public announcement to the contrary), the court will have to decide whether a contracted settlement was reached and whether to enforce specific performance of the settlement. Very complicated legally. It is probably worth the $450M to RIM to have the issue settled but I would be inclined to want to make the greedy b*stards at ntp walk away with nothing but their attorney bills.
|
I'm too tired to continue...