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Old 02-02-2006, 10:16 AM   #27 (permalink)
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Originally Posted by BBDummy
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.
IANAL, BUT, generally what you state is in my understanding, valid. The key point is that the judge could essentially throw the case out at this point.

The sad fact is that there is simply too much money at stake here. If I was RIM, NTP I would have private investigators looking at everyone involved, from the court reporter to the judge!

It reminds me of the the old joke about would you sleep with me for a million? yes, how about a 100 dollars?

Half a billion dollars is quite a bit of money..

note: I am not suggesting anyone would be corrupt/ed.. all I am saying is that when this much money is at play, I would want to wipe my hands of it too (I understand Judge Spencer's desire to put it all behind him).