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minx
11-09-2005, 10:41 AM
he End of RIM???

BlackBerry on trial as patent suit returns to court

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The future of the popular BlackBerry e-mail device could rest on the outcome of a court hearing in Virginia today, as Research in Motion squares off once again with NTP Inc.

The two companies are slugging it out in a patent infringement case that dates back four years, when NTP successfully sued RIM, complaining that the BlackBerry infringed on patents owned by NTP. A jury awarded NTP US$23.1 million. Judge James Spencer later increased the damages and royalty rate RIM must pay, and issued an injunction banning BlackBerry sales in the U.S.

After a round of appeals, all of which upheld NTP's initial victory, the case is now back before Judge Spencer for review.

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Read this article on the web at http://www.ottawabusinessjournal.com/284667764271033.php

NJBlackBerry
11-09-2005, 10:44 AM
And the lawsuit continues, and new threads about the same old lawsuit (and the end of RIM and bye bye this and that) continue...

barjohn
11-09-2005, 11:27 AM
Given that the underlying basis for the case (namely the patents) have been ehld to be invalid it is unlikely that a judge would impose an injunction (though stranger things have happened). While the jury found that RIM infringed the patents (finders of fact), they made no finding as to the validity of the patents. The assumption was that the patents were valid. Now that the patent office has found the patents to be invalid (though this finding can be challenged), 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.

finch
11-09-2005, 11:43 AM
Sure whatever Business Journal says, do you also own one of them buggy Treo gadgets? Another report on the long standing dispute between RIM and NTP. Truth be told NTP can't afford to cut RIM off in the US seeing its 70% of their business, by doing so NTP could end up with nothing if RIM can't drive revenue to pay a settlement.
he End of RIM???

BlackBerry on trial as patent suit returns to court

---------------------------------------------------------

The future of the popular BlackBerry e-mail device could rest on the outcome of a court hearing in Virginia today, as Research in Motion squares off once again with NTP Inc.

The two companies are slugging it out in a patent infringement case that dates back four years, when NTP successfully sued RIM, complaining that the BlackBerry infringed on patents owned by NTP. A jury awarded NTP US$23.1 million. Judge James Spencer later increased the damages and royalty rate RIM must pay, and issued an injunction banning BlackBerry sales in the U.S.

After a round of appeals, all of which upheld NTP's initial victory, the case is now back before Judge Spencer for review.

--
Read this article on the web at http://www.ottawabusinessjournal.com/284667764271033.php

minx
11-09-2005, 12:00 PM
yes, 5 treo 650, 2 treo 600 and 2 Audiovox (Pocket PC), hate those devices.

saldous
11-09-2005, 12:34 PM
This is what I don't get, if RIM are 70% of NTP's revenue, why are they doing this? It doesn't make any sense. And BarJohn's comments show it doesn't add up either.

ponzio fucetola
11-09-2005, 03:37 PM
Let's Get Started!!
Given that the underlying basis for the case (namely the patents) have been ehld to be invalid
Incorrect. The patents were never held invalid.
it is unlikely that a judge would impose an injunction (though stranger things have happened).
Incorrect, see above.
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."
The assumption was that the patents were valid.
Correct!
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.
(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.
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...

NJBlackBerry
11-09-2005, 03:47 PM
Lawyers with BlackBerrys.....

Tom
11-09-2005, 04:41 PM
This is false, since the 8700 DOES NOT use the same technology as questioned in these patents. RIM has since then changed around their systems to not infringe on these patents.

RIM is not going anywhere.