From today's NY Times:
"Research in Motion agreed that NTP would not have to refund the settlement money under any circumstances. Last week the Patent Office rejected the three patents that were still the focus of the case after the appeals. R.I.M. had insisted last year that NTP not be entitled to any money if it lost the appeal and was unable to save its patents.
For its part, NTP agreed that the settlement would include all of R.I.M.'s customers, particularly wireless carriers. A year ago, R.I.M. was concerned that it would settle the case only to find its service bogged down by lawsuits against the companies that deliver it."