NTP's Latest Patent Shakedown Must Wait For USPTO; Why Wasn't RIM Given The Same Consideration?
from the innovation-at-work dept
Even if you just have a passing interest in the topic of patents, you've probably heard of the RIM-NTP case. That's where NTP, a company that ended up with some excessively broad and obvious patents after the inventor was unable to build a product anyone actually wanted to buy, sued RIM, the makers of the wildly successful Blackberry device, claiming patent infringement. The attention the case got caused the US Patent Office to look closely at the patents, and very publicly state that it was rejecting NTP's patents, as they never should have been issued in the first place. However, rather than waiting for the official patent review process to work itself out, the judge in the case pressured the two sides to settle, forcing RIM to cough up $612.5 million for no good reason. It never made sense that the judge refused to wait for the Patent Office to finish its review -- especially since the office had been so public in questioning the validity of the patents.NTP took its winnings and immediately started looking for others to sue while the patents were still valid. It started with Palm, makers of the Treo. However, in that case, the judge realized what was going on and put the case on hold until the USPTO could make a final decision on the validity of the patents. Not willing to standstill, NTP sued all the national US mobile operators (Sprint, Verizon Wireless, AT&T and T-Mobile) for selling devices like the Blackberry and the Treo. Once again, though, it looks as though a judge realizes that it's ridiculous for such a case to go forward when the USPTO has expressed so much skepticism towards the patents. Against Monopoly lets us know that the judge for the Sprint, Verizon and AT&T case has also put the case on hold until the USPTO is done. What no one wants to explain, however, is why RIM wasn't afforded the same opportunity?
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Filed Under: patents, uspto
Companies: at&t, ntp, palm, rim, sprint, verizon
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The judge who didn't wait ...
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Cause RIM is from Canada
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It's simple
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Two possible reasons...
Two, he/she didn't want to deal with a SCO-type of case and took the easy way out.
Either way, I would think that once the patent is found invalid, RIM should be able to appeal the ruling.
EtG
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hook or crook
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Simple answer
RIM tried to pull a fast one during the litigation. They knowingly presented faked evidence. They were caught. At that point, the judge made damn sure that anything left to his discretion was going to go against RIM.
Don't cry for RIM, they did it to themselves.
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I don't think RIM is getting any money back.
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Heh
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Re: Heh
a frappicheno at starbucks
What? You know how much those things cost? I think I'll take my chances with the $600 million.
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Retards !!!!!!!!!!!!!!!!!
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Re: Retards !!!!!!!!!!!!!!!!!
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Re: Retards !!!!!!!!!!!!!!!!!
I'm AD the angry dude,
I'm always in a bad mood.
I shill IP for all to see,
cause I'm AD the angry dude.
uh-oh, am I now headed to the gallows for copyright infringement ?
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Follow the money trail :)
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Re:
What lead you to that conclusion ?
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Sorry to pick nits...
No, I do not have a RIM job, but I play one on YouTube.
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If memory serves...
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Rims lied?
The reason Rims got screwed in this is because the Judge did not want to wait and never gave any reason as to why. If the courts had waited, you know that the settlement would not have been given.
But also part of it is is that it was a Canadian Company and in the US they try to temper the IT companies that try to work in the US that are foreign
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Re: Rims lied?
The reason that the courts are giving more leeway to current defendants is that the pushback from some of the things said in NTP vs. RIM (like the Judge saying in effect that his time was too important to waste on the case) has been so severe that combined with what was happening at the Supreme Court the Federal Circuit became concerned over the (well deserved) damage to its credibility. At the final substantive hearing in the NTP v. RIM case the judge's behavior and comments were disgraceful. Afterwards the whole court was facing and still faces the possibility that the USPTO will ultimately rule that the Court strong armed RIM into paying $612 Million on worthless patents. If the Federal Court had not smartened up either Congress or the Supreme Court was going to clean house on them.
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