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Old 02-02-2006, 09:29 AM   #25 (permalink)
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Originally Posted by BES admin
This is why I decided NOT to go to law school...

Someone give it to us in laymen's terms:

If NTP patents are rejected, why is the case still ongoing?

Isn't the case about patent infringement?

If at court the next time around (end of Februsry I dear) the judge says there will be an injunction. Who is it likely to apply to:

All existing and future service users?

Future users only?

All users with the exception of Government and emergency workers?

I believe I understand that this is the last of the appeals possible in the process... so does this end it?

If you reply to this message, please keep the answers short and simple for us less law-like individuals.

OK, let me try again (I thought I'd done a decent executive summary, but apparently not).

1) The case is still ongoing because the court is not the PTO. The court can do whatever it wants, as can the PTO. If the PTO decides that there's no patentable subject matter, NTP has nothing to enforce going forward. But, since there's already a judgment of infringement and validity, there are still damages for past infringement. Reexam could cut off the patent early; it can't reach all the way back.

2) Yes, it is about patent infringement. And RIM has been found to infringe a valid patent. No more appeals on this issue, which is why we're starting to hear about remedies (damages and injunctions).

3) Don't know who the injunction would apply to. An injunction is an equitable remedy, which means the court does what it thinks is fair. Frankly, I'm surprised that the judge thinks an injunction is fair at all here, given that it really is being used by NTP as a device to hold RIM hostage to a higher dollar figure. That said, the injunction could apply to everybody, to everybody but the Federal government...whatever the court comes up with. Doubtful, though, that it would cut off new users only.

4) No more appeals in the lawsuit. There are still appeals for NTP in the reexam process, both within the PTO and in the courts.