[2006-02-20] Judge Seeking End to BlackBerry Case
 

Say what you want about patent infringement suits, at least the BlackBerry case has drama.

A federal judge, clearly impatient with the long-running case, could issue an injunction soon on U.S. sales and service of the wireless e-mail device.

Remarkably, neither BlackBerry maker Research in Motion Ltd. nor tiny patent holder NTP Inc. have shown signs of backing down. In effect, they're daring each other to blink first and settle.

Although the odds of an actual shutdown are low, conflicting opinions about the possible outcomes and the spin from both sides have created a confusing picture.

James R. Spencer, a no-nonsense U.S. district judge widely respected in the legal community, now finds himself in the unusual position of weighing an injunction against RIM even as the U.S. Patent and Trademark Office is expected to finally rescind NTP's patents.

Spencer has signaled that he is unwilling to delay his proceedings while awaiting final word from the patent office, which lags far behind the courts. He has scheduled a hearing for Friday on the injunction and damages.

Because patent infringement cases don't often rise to this level of importance and even fewer make it this far in the courts, it's hard to tell how Spencer will rule.

"His bottom line is that he wants this case off his docket," said Susan Dadio, a patent attorney in Alexandria, Va.

got a link to the news source for this? I want to send it to my manager and he'll totally question it if I dont have hard proof from somewhere.

thanks in advance

edit: Found this CNN Link

You know.. .call me stupid but how can you have a patent suit if the patents are nullified?

Or are they actually declined or do they go into some state of Pick On RIM with federal judges...

Rant and rave.. they are bugging me with this whole thing... little vein on my heads is throbbing.. ughh.

well, it looks liek the patents havn't been nullified by the patent courts yet, and the federal judge is sick of waiting and wants to rule without their response. I can see that being the case, but if they rule for a shutdown, I'm sure RIM would appeal which will just delay the process even more, hopefully that will allow the patent court enough time to draw a reasonable conclusion

RIM is out of appeals. Their appeal has already been rejected by the US Supreme Court. If RIM loses they have to pay the piper.

Wirelessly posted (Blackberry 7280: BlackBerry7280/4.0.0 Profile/MIDP-2.0 Configuration/CLDC-1.1 UP.Link/1.1)

I'm very confused by this whole process. If the judge rules against RIM, and the patent office subsequently rejects NTP's patents, wouldn't RIM then be able to sue NTP for... I don't know... something?

I just don't see how this can work out in ANYONE'S favour.

Wirelessly posted (Blackberry 7280: BlackBerry7280/4.0.0 Profile/MIDP-2.0 Configuration/CLDC-1.1 UP.Link/1.1)

I'm very confused by this whole process. If the judge rules against RIM, and the patent office subsequently rejects NTP's patents, wouldn't RIM then be able to sue NTP for... I don't know... something?

I just don't see how this can work out in ANYONE'S favour.

Wow, I wasn't aware of that, havnt' been keeping tabs on this stuff really too much until recently.

Odd that the federal judge would not wait until the patent court ruling, only seems fair on his part to hear out both sides of the argument. if he rules and says RIM has to shut down, seems like it's a bit unfair if the patent court rules that the NTP patents are basically worthless.

At that point what do they do then if they've already put the contingency plan into place and end up needing to roll-back to the old (current) way of doing things?

not true.. if judge spencer rules to enforce the injunction, rim will automatically appeal the injunction..

IANAL, but RIM has asked the supreme court to consider another option in this case, rejected, and to appeal the decision, rejected.. but once the injunction is granted, they will appeal that..

just my understanding.. gotta love the us justice system! (and the us patent office for allowing it to come to this in the first place!)

I get it now.

I'm just wondering how the federal court can say they won't wait for the patent courts' ruling?

Wouldn't they (the federal court) be crossing some sort of legal boundry there by not waiting for all the results before passing judgement?

From a Patent perspective NTP already has the legal high ground...the ruling has to be made on what's on the books today not "what if". If the USPTO voids the patents NTP will appeal that and it will take time for that process. So this case cannot be put on hold indefinitley becuase NTP is (supposedly) suffering damage by RIM selling the BlackBerry Service. An injunction is a way for the plaintiff to stop the damage while the merits are worked out. IF the USPTO voids and appeals are exhausted, with the NTP patents voided, then RIM could have the injunction lifted and resume selling BB service... How many years will that take? Who knows so they try to settle these things so business can continue.

I don't believe that is correct. RIM was found guilty some time ago and the judge did not issue the injunction. RIM appealed the verdict all the way to the Supreme Court. It is my understanding that RIM is out of appeals - regardless of whether the judge issues the injunction.

Clearly the judge wants RIM and NTP <hiss> to come to a compromise and that doesn't look like it is going to happen - especially since RIM issued a press release about their "workaround".

Not according to this:

"The company, which has more than 3 million subscribers in the United States, can appeal any rulings from the U.S. District Court, Kavelman noted.

"Whatever happens at the district court level can also be taken to other appeal levels," he said."

http://www.cnn.com/2006/TECH/biztech...eut/index.html