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Old 02-24-2006, 02:33 PM   #1 (permalink)
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Default [2006-02-24] All Patents Remaining In Dispute Have Been Rejected

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All Patents Remaining In Dispute Have Been Rejected

Waterloo, ON - Research In Motion (RIM) (Nasdaq: RIMM; TSX: RIM) confirmed today that it has received a copy of a Final Office Action issued by the U.S. Patent and Trademark Office (the “Patent Office”) in the ex parte reexamination of NTP, Inc. Patent #5,436,960. This Final Office Action maintains the outright and complete rejection of all claims in the patent.

All of the 3 patents remaining in dispute in the NTP vs. RIM litigation have now been rejected based in part on prior art not considered in the 2002 trial in the United States District Court for the Eastern District of Virginia.

Although NTP may appeal, the rejections reflect the final opinion of the Patent Office’s Central Reexamination Unit that the 3 patents at issue in this case are invalid.

The final rejections were all based on multiple grounds, required unanimous agreement from a panel of 3 senior patent examiners and are expected to withstand all future appeals by NTP.

* Patent #6,317,592 contains 6 of the 9 claims at issue in this case and all 6 claims were rejected in the Patent Office ruling disclosed by RIM on February 1, 2006.
* Patent #6,067,451 contains 2 of the 9 claims at issue in this case and both claims were rejected in the Patent Office ruling disclosed by RIM on February 22, 2006.
* Patent #5,436,960 contains the last of the 9 claims at issue in this case and that claim was rejected in the Patent Office ruling disclosed today.
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Old 02-25-2006, 01:42 PM   #2 (permalink)
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Yeah jibi. You just didn't tell us where NTP can appeal to -- the courts, where they've got us by the ying-yang right now. What do you think of the workaround? Although NTP is threatening to get the workaround enjoined as well.

One good thing. All this news has given the Berries tremendous exposure. After the dust settles on this hijacking, Berries will be burned into a lot of potential users' minds. As lawyers are fond of saying -- all news is good news.
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Old 02-25-2006, 02:00 PM   #3 (permalink)
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If I am not mistaken.. all patent appeals are still within the patent office... basically an escalation. You need a law to take to courts or something already rules upon.. i.e. a patent.

Usually you don't get these overturned. Those 3 folks that have already ruled are not politicians, they are focused on fact for once.

Either way, this doesn't mean it will have any bearing on the case. As long as the patents are in the office still, they can keep it in the courts.

-g2d
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Old 02-25-2006, 05:13 PM   #4 (permalink)
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Quote:
Originally Posted by go2duke
If I am not mistaken.. all patent appeals are still within the patent office... basically an escalation. You need a law to take to courts or something already rules upon.. i.e. a patent.

Usually you don't get these overturned. Those 3 folks that have already ruled are not politicians, they are focused on fact for once.

Either way, this doesn't mean it will have any bearing on the case. As long as the patents are in the office still, they can keep it in the courts.

-g2d
I'm not quite sure I understand your statement, but you can appeal from the USPTO to the courts. The first appeal is to the Board of Patent Appeals and Interferences within the Patent Office. From there, you can appeal to the US District Court for the District of Columbia, and then on to the US Court of Appeals for the Federal Circuit, or directly to the Federal Circuit. Theoretically, appeal may be had from the Federal Circuit to the US Supreme Court, but that would take a grant of certiorari, and that is extremely unlikely (the Supremes have already denied cert once regarding the NTP patents, though on a different issue).
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