Originally Posted by JamesR
The Patent Office's decision to invalidate a patent doesn't erase the fact that the patent existed. The patent proves that NTP created the technology and created it before RIM used it in the BB.
That's all that matters to the court. The decision of whether or not the technology can be considered NTP's intellectual property and not prior art is ultimately up to the court. After all, the patent office is not a legal court - it's just a committee. A company that registers a patent doesn't automatically have a legal right to that technology. The patent just acts like a receipt that proves the company came up with that specific technology at a certain date. It's up to the court to decide whether or not the patent is enforceable. And unfortunately in this case, the court and several appellate courts have decided that NTP's patents are enforceable and that RIM is infringing.
Not true. The patents currently exist and are still valid for all applicable purposes. The court case has been dragging on for years and the judge has grown tired of the case. The USPTO review of the patents has no part in his case because he intends to move forward with his decisions based on CURRENT finalizations from the patent office concerning the patents.
Of course, the ideal thing for him to do would be to wait on the USPTO review, but that's not necessarily what's going to happen.