BlackBerry Forums Support Community

BlackBerry Forums Support Community (http://www.blackberryforums.com/)
-   RIM Stock/Legal Discussion (http://www.blackberryforums.com/rim-stock-legal-discussion/)
-   -   press release, re: workaround (http://www.blackberryforums.com/rim-stock-legal-discussion/26000-press-release-re-workaround.html)

gprsman 02-09-2006 07:23 AM

press release, re: workaround
 
http://www.rim.com/news/press/2006/p..._2006-01.shtml

RIM Announces Workaround Contingency for BlackBerry Customers

Waterloo, ON - Research In Motion (RIM) (Nasdaq: RIMM; TSX: RIM) today provided an update in the patent litigation between RIM and NTP, Inc. (“NTP”). RIM has developed and tested software workaround designs for all BlackBerry® handsets operating on converged voice/data networks in the United States. Although there is no injunction order in place, and RIM believes it has strong legal and factual arguments opposing an injunction, RIM has developed these software workaround designs as a contingency to allow BlackBerry service to continue should the court implement an injunction in the current litigation involving the NTP patents.

“RIM remains pragmatic and reasonable in its willingness to enter into a settlement that would generously compensate NTP while protecting RIM’s business and partners,” said Jim Balsillie, Chairman and Co-CEO at Research In Motion. “NTP’s public offer of a so-called ‘reasonable’ license, however, is simply untenable. It comprises illusory protection for RIM and its partners and requires a lump-sum payment for the theoretical life of the patents even though the US Patent Office is expected to nullify them.”

Mr. Balsillie added: “RIM’s workaround provides a contingency for our customers and partners and a counterbalance to NTP’s threats. This will hopefully lead to more reasonable negotiations since NTP risks losing all future royalties if the workaround is implemented.”

RIM’s Workaround Strategy: Workarounds are a legitimate strategy that have been respected by the courts as a means to avoid infringement. In the years leading up to its public launch in 1999, BlackBerry was invented wholly independently of NTP’s patents and comprises a wide spectrum of designs and inventions that are outside the scope of NTP’s patents. There are only 9 claims relating to 3 NTP patents remaining in dispute in this litigation and those claims are only directed to specific implementations of certain aspects of the BlackBerry products and services. As a result, RIM has been able to modify its underlying BlackBerry message delivery system to “work around” the NTP patent claims. Although the development of this modification required substantial R&D effort from RIM and would require software updates in the event of an injunction, RIM has ensured that the industry leading functionality, performance and user experience remains intact.

Legal Opinion on Workaround: RIM has received a confidential and privileged legal opinion confirming that RIM’s software workaround designs do not infringe any of the NTP patent claims remaining in the litigation. This legal opinion was provided by a leading expert in patent law and workarounds from one of the world’s largest law firms. As mediation, litigation and reexamination proceedings and activities continue before the courts and the United States Patent and Trademark Office (“Patent Office”), RIM will continue to protect the confidential and privileged nature of certain information.

Multi-Mode Edition Software: RIM has incorporated the workaround designs into a software update called BlackBerry Multi-Mode Edition™ that has been developed and tested as a contingency. RIM has also filed new patent applications with the Patent Office to cover its workaround designs. BlackBerry Multi-Mode Edition is so named because the software is capable of operating in different modes that can be remotely activated by RIM through its Network Operations Center (NOC). In the absence of an injunction, the software and the underlying message delivery system can continue to run in “Standard Mode” (identical to the manner in which the current BlackBerry software and system operate) and the workaround will remain dormant. In the event of an injunction, RIM is able to remotely activate “US Mode” via its NOC and the workaround designs would automatically engage for each handset containing the Multi-Mode Edition software update.

User Impact: RIM invested significant engineering effort to develop workaround designs that remain invisible to users and maintain the existing platform benefits for system administrators, application developers and network operators, while modifying the necessary underlying elements of the BlackBerry message delivery system to be fundamentally different from the NTP patent claims.

Pre-Existing BlackBerry Customers: There is no injunction currently in place and any potential injunction would not necessarily apply to customers that purchased a BlackBerry handset prior to the effective date of any such injunction. RIM believes there are persuasive legal grounds for (at least) exempting pre-existing customers from any injunction and RIM has raised these arguments in its court submissions. In the event of an injunction without such an exemption however, the BlackBerry Multi-Mode Edition software update would allow continuing service for pre-existing customers.

New BlackBerry Customers: In the event of an injunction barring new sales of products utilizing RIM’s current system designs, RIM will have already pre-loaded the new BlackBerry Multi-Mode Edition software on to BlackBerry handsets and incorporated it into BlackBerry Enterprise Server software prior to shipping.

Software Availability: RIM has commenced the network certification process required for all software updates and will soon begin to ship the new software latent on new handsets in addition to making the software update generally available at the web site listed below for corporate IT departments and others to download and implement in accordance with their IT procedures. RIM, NTP and the US Department of Justice have all raised issues that would warrant a transition period following a potential injunction order. NTP has proposed a 30-day transition period, but RIM has argued that the transition period should be longer if the court were to grant and implement an injunction.

Patent Office: The Patent Office has already soundly rejected each of NTP’s patents on two occasions. These rulings from the Patent Office were based on multiple grounds, required the unanimous agreement of three senior patent examiners, and are expected to withstand all future appeals by NTP. NTP, however, is attempting to exploit and widen a gap in timing between separate proceedings underway in the court system and the Patent Office. RIM developed its software workaround designs as a contingency for the possibility that an injunction is implemented prior to the cancellation of NTP’s patent claims.

RIM Opposes Any Injunction: NTP made clear that it is seeking monetary compensation from RIM and it is therefore evident that NTP can be fully compensated through ongoing royalty payments. There is also clear evidence that an injunction has become increasingly impractical and inappropriate given the specific facts of this case, including NTP’s failure to present a plan that is acceptable to the United States government. There are over 3 million BlackBerry users in the United States today and the United States government estimates that nearly 1 million of those users would need to be exempt from any injunction. In addition, final rejections of NTP’s patents are expected from the Patent Office in the coming weeks. There are also significant public interest concerns relating to any potential suspension or interruption of BlackBerry service in the United States, including a potentially significant impact on national security and the US economy.

Web Site: RIM will make the software update available at a later date on a special web site: www.blackberry.com/workaround. Additional information on the BlackBerry Multi-Mode Edition software update is already posted on this site and periodic updates will be posted prior to the effective date of any potential injunction order. The software workaround designs remain a contingency plan because the court has not yet ruled on RIM’s argument that the aggregate effort to deploy this software update for millions of users is not warranted under the circumstances. There is no need for any customer action at this point in time.

About Research In Motion

Research In Motion is a leading designer, manufacturer and marketer of innovative wireless solutions for the worldwide mobile communications market. Through the development of integrated hardware, software and services that support multiple wireless network standards, RIM provides platforms and solutions for seamless access to time-sensitive information including e-mail, phone, SMS messaging, Internet and intranet-based applications. RIM technology also enables a broad array of third party developers and manufacturers to enhance their products and services with wireless connectivity. RIM’s portfolio of award-winning products, services and embedded technologies are used by thousands of organizations around the world and include the BlackBerry® wireless platform, the RIM Wireless Handheld™ product line, software development tools and software/hardware licensing agreements. Founded in 1984 and based in Waterloo, Ontario, RIM operates offices in North America, Europe and Asia Pacific. RIM is listed on the Nasdaq Stock Market (Nasdaq: RIMM) and the Toronto Stock Exchange (TSX: RIM). For more information, visit www.rim.com or www.blackberry.com.

This news release contains forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995 and Canadian securities laws relating to RIM's plans and expectations regarding its dispute with NTP and its intention to implement a software workaround if necessary to maintain the operation of BlackBerry services in the United States. Forward-looking statements are based on estimates and assumptions made by RIM in light of its experience and its perception of historical trends, current conditions and expected future developments, as well as other factors that RIM believes are appropriate in the circumstances. Such forward-looking statements are subject to a number of risks and uncertainties, including, in particular, the inherent uncertainty regarding the outcome of any litigation, and the risks and uncertainties and potential outcomes that are described in the risk factors titled "The Company May Infringe on the Intellectual Property Rights of Others", “The Company may not be able to enhance its products or develop new products at competitive prices or in a timely manner”, “Defects in the Company’s products and services can be difficult to detect” and the other risks described in the "Risk Factors" section of RIM's Annual Information Form for fiscal 2005, which is included in its Annual Report on Form 40-F for fiscal 2005, and Management’s Discussion and Analysis of Financial Condition and Results of Operations for the three months and nine months ended November 27, 2005 (copies of which filings may be obtained at www.sedar.com or www.sec.gov). These factors should be considered carefully, and readers should not place undue reliance on RIM's forward-looking statements. RIM has no intention and undertakes no obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

The BlackBerry and RIM families of related marks, images and symbols are the exclusive properties and trademarks of Research In Motion Limited. RIM, Research In Motion and BlackBerry are registered with the U.S. Patent and Trademark Office and may be pending or registered in other countries. All other brands, product names, company names, trademarks and service marks are the properties of their respective owners.

mas90guru 02-09-2006 09:46 AM

http://www.blackberry.com/select/mme/index.shtml

mas90guru 02-09-2006 09:46 AM

Better link:

www.blackberry.com/workaround

MarkF 02-09-2006 11:14 AM

I see one difference with using the Multi-Mode workaround - RIM's NOC will no longer queue emails if a handheld is not available, they will now be queued on the BES until the NOC notifies the BES that the handheld is now available.

gjp 02-09-2006 01:35 PM

how will this affect WebClient customers?

markerman 02-09-2006 01:35 PM

Kill Command
 
Is the "Kill Command" queued at RIMS NOC also?

juwaack68 02-09-2006 02:16 PM

On major thing I see is making sure all of our users have the latest Desktop Manager so their devices can be upgraded to include whatever device patch would be rolled out..... Since BES 4.0 we haven't been installing DTM on the user's PC's. Ugh. But at least there is a workaround :-)

Bigjohn 02-09-2006 03:04 PM

Break free from Desktop Manager!
 
If I'm correct, you don't need Desktop Manager. As long as you have the update installed on the user's PC, you can upgrade them through the Application loader wizard ("C:\Program Files\Common Files\Research In Motion\AppLoader\Loader.exe").

I use this method to upgrade multiple devices at once. I just plug 6 into a USB hub and run the wizard for each device.

BigJohn

juwaack68 02-09-2006 03:19 PM

Quote:

Originally Posted by Bigjohn
If I'm correct, you don't need Desktop Manager. As long as you have the update installed on the user's PC, you can upgrade them through the Application loader wizard ("C:\Program Files\Common Files\Research In Motion\AppLoader\Loader.exe").

I use this method to upgrade multiple devices at once. I just plug 6 into a USB hub and run the wizard for each device.

Good to know! That will work for the the users were have here at our corporate office, but not for the remote sales force.

I'll have to look into the app loader wizard.....

MrFace 02-09-2006 03:28 PM

I can't seem to find the updates...

NJBlackBerry 02-09-2006 03:33 PM

Quote:

Originally Posted by MrFace
I can't seem to find the updates...

What updates are you looking for?

MrKyoo 02-09-2006 03:33 PM

Quote:

Originally Posted by MrFace
I can't seem to find the updates...

Quote:

Originally Posted by BlackBerry Multi-Mode Edition
The court has not yet ruled whether a change would be required. RIM partners and customers do not need to take any action until further notice.

Hasn’t been released.

-MrKyoo

lunchboxfett 02-09-2006 08:22 PM

Is there any chance that RIM will not be allowed to deploy the workaround if they are ordered to shut down?

udontknowjack 02-09-2006 08:51 PM

RIM has had IP attorneys review it and are confident it doesn't violate the patents. I also read to day where the NTP lawyers don't dispute it will work.

juwaack68 or Bigjohn, You do need either Desktop manger or Device manager installed on the PC that does the install to use app loader wizzard remotely. Now, I was told earlier this week that if you had 4.0 BES and at least 4.0 on the devices, the BES will push a new service book to the device and the device will work. The article from RIM sounds a little diferent, however.

jeffharris 02-10-2006 05:08 AM

Is this my imagination, or would this workaround change the value of the NTP patent (meaning, making it worth far less)?

Bigjohn 02-10-2006 10:41 AM

Quote:

Originally Posted by udontknowjack
juwaack68 or Bigjohn, You do need either Desktop manger or Device manager installed on the PC that does the install to use app loader wizzard remotely. Now, I was told earlier this week that if you had 4.0 BES and at least 4.0 on the devices, the BES will push a new service book to the device and the device will work. The article from RIM sounds a little diferent, however.

Actually, what I said was that you don't need Desktop Manager, which was juwaack68's original concern. You DO need device manager, but that is automatically installed with the device upgrade package by default, along with the USB drivers.

Regardless of whether Desktop manager is installed, I make it a practice of pushing the handheld revision code to my user's machines. I have had way too many instances where I have had to remotely walk a user through a reload to recover from JVM stop errors that reboots don't fix.

BigJohn

lunchboxfett 02-10-2006 04:25 PM

Quote:

Originally Posted by udontknowjack
RIM has had IP attorneys review it and are confident it doesn't violate the patents. I also read to day where the NTP lawyers don't dispute it will work.

juwaack68 or Bigjohn, You do need either Desktop manger or Device manager installed on the PC that does the install to use app loader wizzard remotely. Now, I was told earlier this week that if you had 4.0 BES and at least 4.0 on the devices, the BES will push a new service book to the device and the device will work. The article from RIM sounds a little diferent, however.

But if the judge should order them to shut down then don't have to shut down. Not deploy a work-around. I am not a lawyer so maybe there is a loophole that they can use.

Has anyone heard if the carriers besides T-Mobile have certified the handheld code? It is my understanding that they certify anything that gets on the network and that was part of the delay of the 8700c when it was supposed to launch on the Cingular network.

ebgreen 02-13-2006 10:27 AM

Quote:

ut if the judge should order them to shut down then don't have to shut down. Not deploy a work-around. I am not a lawyer so maybe there is a loophole that they can use.
My understanding is that if the judge issues an injuntion it would be to stop RIM from using the methods that are contested in the NTP patents. The workaround does not use the contested methods.

lunchboxfett 02-13-2006 04:16 PM

Quote:

Originally Posted by ebgreen
My understanding is that if the judge issues an injuntion it would be to stop RIM from using the methods that are contested in the NTP patents. The workaround does not use the contested methods.

So they are using a legal loophole.

juwaack68 02-13-2006 05:34 PM

Quote:

Originally Posted by lunchboxfett
So they are using a legal loophole.

Hmmm...sounds like what NTP did....


All times are GMT -5. The time now is 08:47 PM.

Powered by vBulletin® Version 3.6.12
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.