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Old 10-22-2005, 08:30 AM   #1 (permalink)
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Default [2005-10-21] RIM Provides Update on NTP Litigation

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RIM Provides Update on NTP Litigation

Waterloo, ON - The U.S. Court of Appeals for the Federal Circuit ("Federal Circuit") issued a ruling today in the patent litigation between Research In Motion Limited ("RIM") (Nasdaq: RIMM; TSX: RIM) and NTP, Inc. ("NTP"). The Federal Circuit denied RIM's motion to stay further proceedings in the case until the U.S. Supreme Court decides whether it will accept an appeal of the decision in this case.

The Federal Circuit issued its ruling today and remanded the case to the District Court for further proceedings based on the Federal Circuit's decision of August 2, 2005. The Federal Circuit has now reversed or vacated the infringement finding on 9 of the 16 litigated patent claims and has vacated the damages award and injunction originally entered as a result of the District Court trial in 2002.

RIM expects the District Court will decide all matters relating to the enforcement of the settlement agreement announced by the parties on March 16, 2005, the impact of the Patent Office re-examinations of the NTP patents on the litigation, and the further proceedings ordered by the Federal Circuit in its August 2, 2005 ruling. RIM also expects that NTP will imminently file a new motion asking the District Court to enter an injunction prohibiting RIM from providing BlackBerry service and from using, selling, manufacturing or importing its handhelds and software in the United States. While RIM maintains that an injunction is inappropriate given the facts of the case and substantial doubts raised subsequent to trial as to the validity of the patents in question, it ultimately will be up to the Courts to decide these matters and there can never be an assurance of a favorable outcome in any litigation.

In addition, RIM will ask the Supreme Court to suspend the court proceedings while RIM seeks Supreme Court review of the case. While further review by the Supreme Court is generally uncommon, RIM continues to believe this case raises significant national and international issues warranting further appellate review.

All of the NTP patent claims have now been rejected by the Patent Office in its initial rulings in re-examination proceedings, based in part on prior art not considered in the District Court trial in 2002.
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Old 10-22-2005, 11:59 AM   #2 (permalink)
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Quote:
Originally Posted by jibi
RIM Provides Update on NTP Litigation

Waterloo, ON - The U.S. Court of Appeals for the Federal Circuit ("Federal Circuit") issued a ruling today in the patent litigation between Research In Motion Limited ("RIM") (Nasdaq: RIMM; TSX: RIM) and NTP, Inc. ("NTP"). The Federal Circuit denied RIM's motion to stay further proceedings in the case until the U.S. Supreme Court decides whether it will accept an appeal of the decision in this case.

The Federal Circuit issued its ruling today and remanded the case to the District Court for further proceedings based on the Federal Circuit's decision of August 2, 2005. The Federal Circuit has now reversed or vacated the infringement finding on 9 of the 16 litigated patent claims and has vacated the damages award and injunction originally entered as a result of the District Court trial in 2002.

RIM expects the District Court will decide all matters relating to the enforcement of the settlement agreement announced by the parties on March 16, 2005, the impact of the Patent Office re-examinations of the NTP patents on the litigation, and the further proceedings ordered by the Federal Circuit in its August 2, 2005 ruling. RIM also expects that NTP will imminently file a new motion asking the District Court to enter an injunction prohibiting RIM from providing BlackBerry service and from using, selling, manufacturing or importing its handhelds and software in the United States. While RIM maintains that an injunction is inappropriate given the facts of the case and substantial doubts raised subsequent to trial as to the validity of the patents in question, it ultimately will be up to the Courts to decide these matters and there can never be an assurance of a favorable outcome in any litigation.

In addition, RIM will ask the Supreme Court to suspend the court proceedings while RIM seeks Supreme Court review of the case. While further review by the Supreme Court is generally uncommon, RIM continues to believe this case raises significant national and international issues warranting further appellate review.

All of the NTP patent claims have now been rejected by the Patent Office in its initial rulings in re-examination proceedings, based in part on prior art not considered in the District Court trial in 2002.

so is this good or bad?, lol
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Old 10-22-2005, 03:42 PM   #3 (permalink)
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Get a lawyer...maybe he (or she) can tell you!
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Old 10-23-2005, 01:50 PM   #4 (permalink)
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you trying to act smart? or just want to make me look like an idiot. i juss asked a simple question and if you cant answer it, then please dont.
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Old 10-23-2005, 02:18 PM   #5 (permalink)
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you trying to act smart? or just want to make me look like an idiot. i juss asked a simple question and if you cant answer it, then please dont.

My apologies...I wasn't trying to make anyone look like an idiot except lawyers that write press releases that nobody can understand...including myself. I probably should have chosen my wording a little better.
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Old 10-23-2005, 10:28 PM   #6 (permalink)
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is ok, i just thought you where. im sorry.
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Old 10-24-2005, 05:06 AM   #7 (permalink)
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I think it is good news.
If the USPTO dismisses all the NTPm patents, then NTP has no grounds to sue RIM at all!
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Old 10-24-2005, 11:35 AM   #8 (permalink)
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DeGodefroi: The downside of this, is that the papers are saying this is immaterial to the current court action. Until the Patents have been dissolved they have to treat them as if they have legal standing, and NTP has appealed those that have been dismissed. Don't get me wrong I am hoping this end soon and for RIM, but this seems to be the reality.
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Old 10-26-2005, 02:16 PM   #9 (permalink)
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Quote:
Originally Posted by CyberJack
DeGodefroi: The downside of this, is that the papers are saying this is immaterial to the current court action. Until the Patents have been dissolved they have to treat them as if they have legal standing, and NTP has appealed those that have been dismissed. Don't get me wrong I am hoping this end soon and for RIM, but this seems to be the reality.
10/26 2:50P (DJ) =DJ UPDATE: High Court Denies RIM's Emergency Stay Request

By Mark H. Anderson and Stuart Weinberg
Of DOW JONES NEWSWIRES

WASHINGTON (Dow Jones)--Research In Motion Ltd. (RIMM) Wednesday failed to
get an emergency stay request at the U.S. Supreme Court to freeze lower court
proceedings in a patent dispute between it and NTP, a Virginia patent holding
company, over BlackBerry wireless email devices.
Investor reaction to the decision - issued by Chief Justice John Roberts Jr.
without comment - was swift, with RIM shares falling sharply before being
halted at 1:19 p.m. EDT. On Nasdaq, RIM had shed $3.19, or 6.3% to $53.74 on
volume of 5.85 million shares. Shares recently recovered somewhat and are down
62 cents at $56.78. The stock has been battered since the U.S. Court of
Appeals for the Federal Circuit denied RIM's request for an en banc hearing.
The decline is fueled by concerns that the District Court will re-issue an
injunction on U.S. BlackBerry sales, a devastating blow to RIM should it
occur, before the Supreme Court acts on a regular appeal RIM plans to file.
NTP, in its own documents filed with the Supreme Court, downplayed the
chance that might occur.
"As for the threat of any injunction, as previous settlement discussions
show, NTP is a reasonable business entity that is willing to resolve the
dispute between the parties and provide for complete 'global peace' going
forward," attorneys for NTP said. The company also noted there is "ample time
for RIM to file its petition for certiorari before any further action by the
lower courts."
In a press release, RIM said Wednesday's decision by the Supreme Court does
not mean the court has declined RIM's appeal for further review. "The Supreme
Court merely decided that it would follow its normal course of allowing the
District Court to decide whether and to what extent to continue the litigation
in light of all the relevant circumstances, including the prospect that the
Supreme Court may decide to hear the case," RIM said.
The company said that during upcoming proceedings it will ask the District
Court to decide whether to enforce the "binding term sheet" signed by the two
companies in March. RIM said it will also ask the court to determine the
impact of the U.S. Patent and Trademark Office's ongoing review of the five
NTP patents at the center of the dispute. The patent office has rejected all
claims in all five patents in a preliminary review.
James Wallace, lawyer for NTP, said a status and scheduling conference is
set for the morning of Nov. 9 at the District Court. NTP will take the
position that there is time for RIM to file its request for review to the
Supreme Court before Judge Spencer rules on an injunction.
NTP, for its part, said in a press release it will press ahead in lower
court proceedings "for re-confirmation of its previously-entered injunction
that prohibits RIM from selling, using, or importing into the U.S. infringing
BlackBerry hardware and software."
RIM, Waterloo, Ontario, has been engaged in a bitter fight with NTP for more
than four years over the technology in the popular Blackberry wireless email
devices.
NTP sued in 2001, saying the company had violated several of its patents
with the BlackBerry product. A trial in a Virginia U.S. District Court
resulted in a jury verdict against Research In Motion over five patents in
2003.
In its appeals, RIM has argued - so far unsuccessfully - that U.S. patent
laws don't apply to it because the company operates in Canada. The pending
Supreme Court appeal follows a series of setbacks at the Federal Circuit,
which most recently denied an emergency petition from the company last week.
RIM, in the emergency appeal, said its business would be "irreparably
harmed" if a lower court is free to issue an injunction before the Supreme
Court reviews its appeal. "Research In Motion would suffer substantial revenue
and profit losses," lawyers for the company said in the appeal.
Chief Justice Roberts handles emergency requests for cases out of the
Washington-based Federal U.S. Circuit Court of Appeals, which reviewed the
case on appeal because it dealt with patent law. RIM could refile its request
with another justice, but such a move isn't likely to change the outcome of
the emergency stay request.
RIM has until Jan. 7, 2006, to file its request for review to the Supreme
Court. Some legal experts believe Spencer is unlikely to rule on an injunction
before the high court makes its decision on whether to review the case.
Experts also say that Spencer's decision may also take into account the fact
that NTP doesn't make any products.
That's because the U.S. Congress is considering legislation on whether an
injunction should be granted to patent holders that don't make products, he
said. Normally, patent holders are granted injunctions when their patents are
infringed. However, the proliferation of patent trolls, companies that own
patents and try to assert them even though they don't use the patents to make
products, has led Congress to review the use of injunctions.
Still, James Hurt, lawyer at Chicago-based Winston & Strawn LLP, said he
believes Spencer could issue the injunction ahead of the Supreme Court's
decision. "The District Court has discretion to issue injunctions, despite the
fact that one party is seeking review with the Supreme Court," he said.
Hurst said the Supreme Court "almost never" takes patent cases. He said
that, if District Courts were required to wait for high court decisions on
reviews before issuing injunctions, everyone would try to delay injunctions by
seeking Supreme Court reviews.
-Mark H. Anderson, Dow Jones Newswires; 202-862-9254;
[email address], in Washington.
-Stuart Weinberg, Dow Jones Newswires; 416-306-2026;
[email address], in Toronto.

(END) Dow Jones Newswires
10-26-05 1450ET
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