[b00st3d]

just got off the phone with a cingular retail store manager...they had a meeting this morning about the 8700 with some of the area retail managers...they wont be getting them in the stores till the first week of december due to a software change...all the ones that were ready for shipment to the stores are being updated...this is what will cause the delay.

[Stinsonddog]

He is hearing 11/28 and he said there was no status on the launch 8700's. Not sure what that means.

[guinda35]

John:

"You believe in coincidences? It just happens that it won't be available until after the judge rules on the NTP case?"

That's so much bs John. You don't know when the judge will rule. No one does. Not even the judge. He doesn't know how long it'll take for him to draft and issue an opinion -- especially one involving a ruling of the complexity and import as this case. Besides, the 8700 release date has nothing to do with the NTP case -- nada. I don't understand why you're so damn sure it does.

[greggebhardt]

Hmmmm, my Corp Rep called me today to confirm that I will have a 8700 on the way overnight on the 21st. I told him about the delay rumors and he had just got out of the meeting today and 21st is THE DAY!

[Mr Pink57]

Originally Posted by greggebhardt

Hmmmm, my Corp Rep called me today to confirm that I will have a 8700 on the way overnight on the 21st. I told him about the delay rumors and he had just got out of the meeting today and 21st is THE DAY!

So are you switching off of Nextel Greg!?

pink

[Boy Genius]

Yes I do have to say there has been not one single issue wtih EDGE/internet performance, the phone part is another story, the thing I HATE the blackberry phone is how slow the crap number dialing is when your in a call. Everytime u need to enter an extension or check ur voicemail and you enter a # there is a huge delay, god forbib you need to enter more than 1 digit, 1,2,3,4 takes 10 seconds after u press it you hear slowly pressing one by one the tones...so annoying.

[bperkins]

Greg...congrats.

So what the hell is going on? Is it delayed or not? I have heard from two sources, one (Corp. Store I visited today) said software issue and there will be a delay. My B2B says he heard 21st. Not sure which one to believe.

BG Do you know for a fact that it has been delayed?

[Boy Genius]

I honestly do not know for a fact, I have not heard anything from RIM about this... as much as I respect barjohn, I think he theory on why it is delayed (NTP lawsuit) is ridiculous, like someone else posted I believe this has been going on forever and there would be no reason this one case would make any difference. Its funny to me because someone said Cingular should pay once the device is scanned (sold) and what happens with the custom branding? Maybe if they were generic RIM devices but Cingular had to place a pretty large order and paid for the custom hardware/software branding. Either way if there was an injuction against selling they are screwed so that will not stop them from selling them as quick as possible to recoup as much money asap. Thats business.

[bperkins]

Thanks. IMO I find it hard to believe that the injunction will happen. I will be glad when RIM is able to put this behind them and move on. Furthermore I hope it is does not hurt them so much that they loose their position in the marketplace.

[Soapm]

Hey Genious, have they asked you to return your units for this update?

[MobileRC]

21st for cingular... rogers right after... based on initial shipments it should go straight to backorder. Rogers locations should have them no later than 29th

[Boy Genius]

Basically I heard that there would be an update on RIM's website when the devices are released, just to make sure everyone gets the update and latest software.

[dyzs]

Wirelessly posted (BlackBerry7105/4.0.2 Profile/MIDP-2.0 Configuration/CLDC-1.1)

Has anyone who was at the launch gotten theirs yet?

[abstractrude]

blackberry...black friday....hmmmmmm

[barjohn]

According to Pinstack the hold up was to change the software to software that does not infringe the Patents and therefore to immunize the new BB's from an injunction. Now that makes sense to me. They have been saying they had a solution on the shelf so using it to avoid the injunction is a good idea for the devices. I'm not sure what that means to the BES though and how it will be changed. I have attached the courts order from the 11/13/05 hearing.

You will notice that once the court makes a determination on whether an agreement existed or not it intends to move forward.

Whether it will after the request from the federal government is another issue.

For those that don't know, parol evidence is oral declarations,l statements/promises that are made usually in regards to a contract. Under the parol evidence rule, they are normally not allowed. It can be introduced if it is not inconsistent with the writing (written contract).

I trust everyone know I was being sarcastic when I was talking about corporate and enterprise customers not being able to perform the upgrades.

The following is the summary of the appellate court decision:

DECIDED: August 2, 2005
__________________________
Before MICHEL,* Chief Judge, SCHALL, and LINN, Circuit Judges.1
LINN, Circuit Judge.
Research In Motion, Ltd. (“RIM”) appeals from a judgment of the U.S. District Court for the Eastern District of Virginia (“district court”) entered in favor of NTP, Inc. (“NTP”) following a jury verdict that RIM’s BlackBerry™ system infringed NTP’s U.S. Patents Nos. 5,436,960 (“the ’960 patent”); 5,625,670 (“the ’670 patent”); 5,819,172 (“the ’172 patent”); 6,067,451 (“the ’451 patent”); and 6,317,592 (“the ’592 patent”)
* Paul R. Michel assumed the position of Chief Judge on December 25, 2004.
1 The earlier opinion in this case, reported at 392 F.3d 1336 (Fed. Cir. 2004), is withdrawn, and this opinion is substituted therefor. See Order in this case issued this date. (collectively, “the patents-in-suit”) and awarding damages to NTP in the amount of $53,704,322.69. NTP, Inc. v. Research in Motion, Ltd., No. 3:01CV767 (E.D. Va. Aug.5, 2003) (“Final Judgment”). The court, in a final order also appealed by RIM,permanently enjoined any further infringement by RIM, but stayed the injunction pending this appeal. We conclude that the district court erred in construing the claim
term “originating processor,” but did not err in construing any of the other claim terms on appeal. We also conclude that the district court correctly denied RIM’s motion for judgment as a matter of law (“JMOL”), and did not abuse its discretion in denying evidentiary motions. Finally, we conclude that the district court was correct in sending the question of infringement of the system and apparatus claims to the jury, but erred as a matter of law in entering judgment of infringement of the method claims. Thus, we affirm-in-part, reverse-in-part, vacate-in-part, and remand for further proceedings consistent with this opinion.

[greggebhardt]

Originally Posted by Mr Pink57

So are you switching off of Nextel Greg!?

pink

My compnay has 18 Nextel phone currently. I have been elected to be the "tester" and will be getting the 8700 with Cingular phone service. I will keep my Nextel until I see it all works OK.

My employees are complaining about getting and receiving calls more and more, it can really get bad early in the morning and late afternoon during peak times. A few days ago we all lost DC service for several hours and you had to dial several times to get thru on a voice call. Do not know what is going on but I do have one Cingular line of which has never failed me, even when out in the woods.

I do not know why but have been banned from HoFo for a week. Reason given was "Flaming"! I consider myself quite laid back compared to others and can not remember Flaming anyone. I have emailed several times with no response except from YoDude who said that he did not ban me and would check up on it for me. No futher word received from him.

It feels cold and lonely out here!

[Boy Genius]

barjohn again I think your incorrect. It seems so stupid to me why they would do that, they already have the new code, and new server software incase of an injuction why would they go through the trouble of updating EVERY 8700, when they could have installed it there in the first place? They knew this was going on, so I do think your incorrect.

[barjohn]

BJ, That was on Pinstack and it happened to make sense to me if they thought they might be enjoined although I would still have allowed corporate and enterprise customers to do the upgrade themselves. I wasn't wrong, I was quoting the source that said they got that from RIM.

[Stinsonddog]

Acknowleding my attendance and saying they will deliver one right to my door. No time frame but at least I heard from them.

[vannessa]

Originally Posted by barjohn

BJ, That was on Pinstack and it happened to make sense to me if they thought they might be enjoined although I would still have allowed corporate and enterprise customers to do the upgrade themselves. I wasn't wrong, I was quoting the source that said they got that from RIM.

Where exactly did pinstack publish that. Can you post the link or PM to me. I've searched everywhere they never said that. Seems like your own view.