I am no legal expert, but I think this only means that the Supreme Court will not change the lower court;s current position. But, I believe the lower court will end up taking into account the stated intention of the US Patnet Office to reject NTP's patents. So, my personal opinion is that this ruling does make too much difference. Thoughts?

http://news.com.com/Supreme+Court+re...3-6029671.html

Supreme Court rejects BlackBerry appeal

By Reuters

Story last modified Mon Jan 23 07:09:00 PST 2006

The U.S. Supreme Court on Monday turned down a request to review a major patent infringement ruling against the maker of the BlackBerry e-mail device.
The high court rejected a petition by Research In Motion to review a federal appeals court ruling that could lead to a shutdown of most U.S. BlackBerry sales and service.

On Oct. 26, Chief Justice John Roberts turned down an earlier request by RIM to stay the lower court's patent infringement ruling while the high court decides whether to hear a RIM appeal.

More details to follow.

Story Copyright © 2006 Reuters Limited. All rights reserved.



Copyright ©1995-2006 CNET Networks, Inc. All rights reserved.

Agreed.

Multiple news agencies report that the Patent office is indicating rejection of the patents, thereby making all of this a waste of time. We'll see what develops, but i'm stil pretty encouraged by the fact that mutliple news agencies on multiple continents have the same report about the US Patent Office.

I'll cross my thumbs in the meantime.

those other guys should have taken that 300 plus some million settlement while they had the chance...............too bad they got so greedy

450mil to be exact but who's counting

Those of us making considerebly less per year...

man they're crazy for turning down 450mil

I hope this case will cause a massive overhaul of the patent system. There are too many companies who make nothing trying to use patents to extort legitimate businesses.

I agree, and I think they are beginning to realize that they "maybe" made a mistake not taking the initial offer and moving on.

"In a court filing last week, NTP said it was willing to resolve the matter if RIM were to pay it the original 5.7 percent royalty fee."

Sounds to me like NTP is gonna be up Sh*t creek without a paddle after this is done with. For one, Im glad. I am not in favor of software patents in general, but paper holders, "squatters," are the least desireable in the entire process if you ask me.

IMO.

I'm pretty sure that whatever the US Patent Office does, it will have no effect on NTP's court case against RIM. RIM's exhausted its appeal options and has already been found guilty of infringement. All that's left now is what the judge will decide to do.

How can they be guilty of infringing upon patents that the Patent Office says do not exist?

Seems like it is now moot.

I would completely disagree. If the patent office comes to a final decission that all the patents are INVALID before the judge forces any meaning negative action against RIM. If the Judge rules first, which is what NTP has been trying to push for, then it could matter, especially if it forced RIM to settle before the Patent office came to it's conclusion.

We honestly have to look at this through their eyes rather than those being affected. To be fair, the former co-founder NTP (he died last summer) actually did design and patent a system of email delivery to wireless devices for AT&T years and years ago. He never had an actual product - just contractual work that was a bit ahead of its time (sort of) that never materialized into a working system (to my knowledge).

With that said, I think that such a patent would hopefully not be granted in our 'overhauled' patenting system in modern times. Sometimes patents will just run their course, and other times, I think its our patent office's and justice system's obligation to null and void these kind of broad-idea patents (for example, your DNA strands are patented).

I don't think that Judge Spencer is going to rule in favor of RIM, though. He wants the case to be over and done with - he has stated as much (which is very unprofessional to the whole balanced argument about the judicial system). He has stated that he's not going to base his decision on the patent office, just as he doesn't expect them to base their decisions on his ruling. If the courts rule against RIM, but the patent office later rules against the patents, then I'm not sure what will happen - but I will ask for Spencer's resignation, as these cases should not be decided on outdated evidence if new findings are made during the appeals process (my opinion).

The USPTO's final decision is years away not days/weeks. They are making non-final judgements right now, which leaves room for an NTP appeal within the patent office and then a legal appeal in the court system (which would likely be rejected almost immediately).

My two cents....pay the settlement and go on with buisness. They have to look at right now they have been found "guilty", would you rather be shut down and lose all that money now and in the future or pay now and go on??? I think I would pay the fine and say see you later and put it behind you.

It has been going on for 4 years already, what's a few more, afterall one party died last year, it isn't like it is going to matter to him if it is ever decided.

I thought the 450mil was rejected by the JUDGE, not NTP

We still have a long time before any final judgments will be decided imo.

From http://www.eetuk.com/bus/news/showAr...leID=177102817 and other places:

The Patent Office's decision to invalidate a patent doesn't erase the fact that the patent existed. The patent proves that NTP created the technology and created it before RIM used it in the BB.

That's all that matters to the court. The decision of whether or not the technology can be considered NTP's intellectual property and not prior art is ultimately up to the court. After all, the patent office is not a legal court - it's just a committee. A company that registers a patent doesn't automatically have a legal right to that technology. The patent just acts like a receipt that proves the company came up with that specific technology at a certain date. It's up to the court to decide whether or not the patent is enforceable. And unfortunately in this case, the court and several appellate courts have decided that NTP's patents are enforceable and that RIM is infringing.

You are correct. Many people on this board are very poorly informed on this topic.

Bottom line to me is, will I have to become a TREO customer so I can keep getting my damn email! I keep hearing people saying that RIMM has a work around already in the works waiting, etc, etc, but i don't hear anything like that through any news media sources I read.

I'm not totally informed, but I do remember reading that the Judge was the one who rejected the settlement.. because of NTP. Most courts want out of court settlements; for almost any litigation, including divorce. NTP, I believe, was asking for $1 billion, plus 5.7 percent of future sales (royalties). RIM offered 450mil, plus NO royalties. NTP was going to reject it anyway, but the Judge did it for them..saying the settlement was not fair.

For those that claim NTP should have taken the 450mil are only basing this on emotion and some mis-information. Considering that RIM is making multi-billion digits off of the technology, via its hardware... why would anyone accept a fraction of that as payment in full? Hindsight, if they (NTP) lose the case (which is unlikely because technically they already won), then, in hindsight, they should have taken the 450mil, until then, $1 billion plu 5-6% royalties seems like a fair settlement.. and I think the Judge agrees.

True. That's the bottom line for me as well. Also, if RIM has a work-around, WHY NOT JUST START USING THE WORK-AROUND NOW, AND BE DONE WITH THE ENTIRE MATTER? Seems to me this so-called work around must not be very good or they'd use it now...

It just doesn't seem right that a judge can award damages when the validity of the patent(s) is still in question. I always thought that you had to prove infringement to be awarded damages. Hopefully it will come to an end in 2006.

Actually, you are incorrect, both of you

A settlement of $450M was reached, I believe last April timeframe. Then NTP in June claimed that there was no final settlement and it all fell apart (with everyones assumption the dead guy wanted more money, $1B has been thrown around allot. The Judge agreed with NTP a few months ago and then the US government waded in and the Patent Office put everything on the fast track. Originally I though the Judge was going to make a ruling back in November, but it is now almost Feb and nothing from his side, but the Patent Office as been busy.

I have read some conjecture about what the workaround supposedly is going to do. If they were correct (a big if), then it would no longer be push email. The user would have to initiate a call to the server to get their mail. Sounds like it might be correct. I agree with the above comment, though. If the workaround were really good - RIM would implement now. They must feel it is inferior to have even offered the $450M - let alone anything more.

True. But the case had already been decided, based on the current Patents. They are in the phase where the judge is suppose to levy an injunction or decision as to the penalties. For all that matters to the judge right now is that NTP already won the law suit, and what shoul dbe the damages. If later the PTO office says the patent is invlalid, I suppose RIM would have to sue to recoup damages? Does this make sense or am I totally missing the point?

I got it, Thanks.

If we are incorrect, its due to incorrect news reporting.. see below article...

November 30, 2005
By Declan McCullagh, CNET News.com
Published on ZDNet News: November 30, 2005, 8:40 AM PT

In a second order released Wednesday, the judge also rejected a $450 million settlement reached earlier in the year between RIM and NTP--a small patent-holding company in Arlington, Va., that filed the lawsuit--saying it was not "valid and enforceable."

It is becoming crazy by now.. Now I am sure NTP is thinking of getting that money and go cruising but since Intel is also joining the forces with RIM on Patents, NTP might have hard time to drag the case outside its limits..

To be on safe side I think I will be fine for a while because Phoenix,AZ has put the wirless network so it will be ok to have lapop in the vehicle which can have access to net.. I will survive without BB for a while and I will fee line I am in other country and can get to it.

My sentiments exactly. It's not like RIM is losing customers. As a matter of fact, they added on over a half million customers just last quarter. That's in the midst of all of this chaos. Imagine how many they would've added otherwise!! This is just my opinion on the matter.

I wonder what the carriers (VZW, Cingular, T-MO) will do when/if our BBs are turned off for push email? Will they rebate us some amount of the data we would use? It could be a real mess all across the board. Maybe we can class-action NTP for our damages!

They would have no option but to offer a credit for the BB data plan and/or offer you a different device, such as one of the Windows Mobile Smartphones "if" it should come right down to that.

That's a "if"--not saying that's what will happen or even be offered.

"If" RIM got shut down in the US, everyone would lose as I see it.

I think that the original jury that sided with NTP is to fault for all of this. They had a case of "Oh feel sorry for the little guy that sqautted till the big bad corporation came around" and came running with his patents. I think it's crap and in this day and age EVERYTHING in replicated in so many forms with so many differnt names. NTP just wants money, pay them 2 billion + lawyer fees, take all their patents make them sign a docuement stating they'll never sue again and end the whole damn thing.

Here is some clarification regarding the $450 million.

Licensing deal signed March 16, 2005:
http://www.wirelessweek.com/article/CA523502.html
http://www.geek.com/news/geeknews/20...0317029634.htm

The deal fell apart and RIM asked the court to uphold the agreement.
http://www.wirelessweek.com/article/CA607450.html

The court ruled that the agreement was unenforceable.
http://www.engadget.com/2005/11/30/r...ruled-invalid/

A good overview from June: http://news.zdnet.com/2100-1035_22-5765510.html?tag=nl

And Forbes take on it from November
http://www.forbes.com/technology/per..._1130rimm.html

One side bit of info... for patent licenseing, average licensing of patent portfolios (not just single patents) is in the neighborhood of ~0.5%. NTP is asking for more than ten times that ammount. Good and Visto both licensed the patents from NTP. I don't know the total costs for their agreements, but I do know that stock was given as well. (Do your own searches for their agreements)

Also, RIM does keep all of their press releases including those on the NTP case. http://www.rim.com/news/press/index.shtml

Jester

I wish in the first place that people refrain from starting new threads on this topic, one there really is no need, two its like beating a dead horse with a stick, it aint going no place. three, it doesnt really matter, it is not up to us, it is not in our hands. When the ruling comes down one of three things are going to happen, either it will be settled and its over, it wont be settle and RIM (who is not going to go under no matter what) will implement the work around, or three everything fails and we are all screwed. In any event as i stated before, there is nothing you can do about the whole issue, so nobody should be that concerned as to warrant all these threads. Enough already. I move that this thread should also be closed.

After looking at the central patent in question (#5,436,960), specifically the technical diagrams, It would look like the patent covers several other technologies that are now becoming very popular, specifically wireless SOHO networks, that make use of RF wireless routers, use standard email systems that connect to a central distribution 'gateway' owned by the ISP or provider, and require a 'push' or timed 'pull' type of technology to move emails from the central servers that recieve the emails to the external desktops, connected to the central station via a wireless network. These standard email programs, when combined with a wireless network appear to create a system is described in the patent.

Not true. The patents currently exist and are still valid for all applicable purposes. The court case has been dragging on for years and the judge has grown tired of the case. The USPTO review of the patents has no part in his case because he intends to move forward with his decisions based on CURRENT finalizations from the patent office concerning the patents.

Of course, the ideal thing for him to do would be to wait on the USPTO review, but that's not necessarily what's going to happen.

yeah, we can create a class action which means we get a 15% rebate on future RIM devices (which will still infringe the paptent), so it means we can buy another device that won't work, and the lawyers will get millions.

Not a workable idea. Besides, a few weeks/months without e-mail (while everyone cools down and agrees to a settlement) can't be all that bad, can it? (of corse I'll get withdrawal symptoms like the rest of you!).

Well my business will be severely impacted without instant emails.

I agree with you and dkmadrid. Will I have to go back to my Palm Treo 650. At least I put it back in its original box instead of selling it on ebay.

And I agree with what jibi said above as well. Hopefully I wont have to take my Treo out of the box.