RIM Pays Off Wi-LAN To Get Rid Of Another Patent Suit

from the losers-litigate dept

Wi-LAN is a Canadian company that did some early work in the wireless field, but was unable to actually make much of a business out of its work, so it took the loser's route: it started suing lots of companies for patent infringement. It's the same old story: winners innovate, losers litigate -- and litigate seems to be about all that Wi-LAN does these days. Recently, Wi-LAN targeted RIM, another Canadian company, who famously was pressured to cough up hundreds of millions in another patent battle to NTP a few years ago. These days, RIM seems to have learned an unfortunate lesson: it's easier to just pay up whoever sues you for patent infringement, no matter how legit (or not) their claim is.

So, it should come as no surprise that RIM has agreed to pay off Wi-LAN to make the lawsuit go away. No details were released, but given that Wi-LAN put out a separate press release saying that its "earnings" (a misnomer if there ever were one) for the quarter should be between $24.5 million and $25.5 million from the previous guidance of $15 million to $20 million you can take a guess how much this cost RIM. Definitely cheaper than a lawsuit, though this will only encourage two bad results: Wi-LAN will keep suing companies that actually do something, and more companies with questionable patents on wireless technologies will line up to get some cash from RIM. This isn't encouraging innovation. It's encouraging extortion.

Filed Under: patents
Companies: rim, wi-lan

Wi-LAN Sues RIM: Two Canadian Firms Duke Out Patent Fight... In East Texas, Of Course

from the ah,-east-texas dept

Turns out that Canadian patent holders love East Texas just as much as American companies. The news today covers how Canadian wireless patent holder Wi-LAN has now sued RIM in East Texas, concerning patents on mobile handheld devices. RIM is also a Canadian company (and also heavily involved in patent disputes). Isn't it great to see two Canadian firms choosing East Texas as the best place to fight over patents?

Wi-LAN is a company that we've discussed in the past. It worked on some technologies for wireless networks, but was unable to successfully market products commercially. In other words, it failed in the market. So, instead, it started focusing on aggressively enforcing its patent portfolio, suing a ton of companies who did anything wirelessly. As with so many public companies that turn into patent hoarders these days, it also has a very vocal and active set of day traders who will defend it to no end (see the comments on that link above).

RIM, of course, is also a well known company that we've written about many times. The maker of the super popular Blackberry wireless device, it became an aggressive filer of patent infringement lawsuits. That, in turn, led some patent holders from a non-practicing entity called NTP to sue RIM over some other patents -- eventually leading to a $612.5 million payout by RIM (despite the fact that NTP's patents were found to be invalid).

This latest case seems like it ties together so many different stories. You've got a failed business trying to use its patents to hold back the company that won; it's got Wi-LAN who has been aggressively trying to tax just about every wireless innovation with its patents; it's got RIM, who has been on both sides of a ton of questionable patent lawsuits; and it all takes place in East Texas. Who could ask for anything more?

Filed Under: canada, east texas, patents
Companies: rim, wi-lan

Patent Battles Continue Over Wireless Email

from the make-it-stop dept

While RIM is often portrayed as a victim for having to pay out $612.5 million in the patent infringement lawsuit filed by patent holding firm NTP, what gets less attention is that part of what kicked off NTP's lawsuit was the fact that RIM itself was going around suing pretty much everyone for patent infringement itself. And, of course, that kicked off all sorts of copycats, such as Visto -- a company that clearly learned the art of wielding patents against more successful companies from NTP. Visto and RIM ended up in quite the patent battle, with Visto even claiming that RIM should be shut down.

But, in the end, rather than the other way around, it turned out that it was Visto that was found to be infringing on RIM's patents. At this point, though, hasn't anyone realized how ridiculous it is that there are so many companies claiming to hold patents on some aspect of "wireless email" that no one can enter the space without having a bunch of infringement lawsuits waiting for them? This is not what the patent system was designed for.

Filed Under: email, patents, wireless
Companies: rim, visto

RIM Tells India That It Simply Cannot Snoop On Blackberry Email

from the so-sorry dept

A few months back, we noted that the Indian government was demanding that RIM let government officials snoop on emails sent via Blackberry devices, or they would be banned in India. I'm not sure why it took so long for RIM to point this out, but it finally has explained to the government the nature of its encryption scheme which means that RIM itself cannot decrypt messages sent via the network, since they're based on an encryption key set up by the end user. It's not clear how India is going to respond, though the article notes the two sides are "talking."

Filed Under: blackberry, email, encryption, india, snooping
Companies: rim

Why Is RIM Trying To Block The Trademark On Twitter?

from the twitter-your-answer dept

IP Democracy points us to the news that RIM, the maker of the super popular Blackberry device and service, is apparently trying to block Twitter's trademark application on the name Twitter. Twitter, of course, is the also quite popular online messaging/presence solution. While both the Blackberry and Twitter have been subject of accusation of being addictive, it's difficult to figure out what possible cause RIM could have in blocking the trademark. RIM doesn't appear to have any trademarks on anything similar to Twitter already, and no one seems to have come up with any suggestions on any other reason why RIM might have cause to block the application. Even if RIM has some reason to oppose Twitter, the lack of it being obvious suggests that the whole thing is quite questionable and RIM would be better served letting the matter drop.

Filed Under: trademark
Companies: rim, twitter

Motorola: Since We're Not Innovating, We'll Litigate Over Patents

from the suing-RIM dept

We recently noted the challenges facing Motorola, as it's been unable to continue to innovate in a way that customers desire in the handset business. Unfortunately, it looks like Motorola is choosing the all-too-common strategy among those who fail in the marketplace: they start suing for patent infringement. Motorola has now decided that since it hasn't been able to beat RIM's Blackberry in the marketplace, it's simply going to sue the company for patent infringement instead. Of course, as in any good patent nuclear war, RIM has fired back with its own patent infringement countersuit, meaning that both companies will be tied up with lawyers and judges, throwing away money that could have gone towards actually innovating and actually competing in the marketplace.

Filed Under: blackberry, innovation, nuclear war, patents
Companies: motorola, rim

Once Again, RIM Blames Upgrade For Outage; Time To Do Weekend Upgrades

from the just-a-suggestion dept

Last year when RIM's Blackberry service had a major outage, the company blamed a software upgrade, which made many folks question why RIM would be doing a major software upgrade in the middle of the week. Since most Blackberry users are corporate users, it would seem to make sense to do upgrades over the weekend -- or at least late at night. So, with this latest outage, it's a bit surprising to see RIM fall back on the old "software upgrade" excuse again. The company doesn't say that's definitely what happened, but suggests that's what caused it, failing to explain why the company would run an upgrade in the middle of the afternoon on a weekday.

Filed Under: blackberry, outage, software upgrade
Companies: rim

RIM Toys With Blackberry Addicts Again; Cuts Off Users For 3.5 Hours

from the want-to-stay-connected? dept

Last April, RIM woke many Blackberry users up to the idea that they might be Crackberry addicts by having the system go offline for a few hours overnight. It's amazing how people recognize just how dependent they are on a service once it goes away. The eventual excuse given by RIM (a botched software upgrade) was unconvincing. However, there hadn't been any more outages, so questions about the service died down. However, with widespread Blackberry outages Monday afternoon, lasting about three and a half hours, impacting all mobile operators, some of those questions are going to be raised again. The Blackberry system involves all traffic going through RIM machines, and a cascading problem across those machines can certainly cause quite a bit of trouble. At some point, people are going to start asking if there isn't a more robust, distributed way of offering a Blackberry (or Blackberry-like) service that would be more immune to these types of issues.

Filed Under: addiction, blackberry, centralized services, mobile email, outage
Companies: rim

Smartphones Patented... Just About Everyone Sued 1 Minute After Patent Issued

from the wasting-no-time dept

This past Tuesday, the US Patent and Trademark Office issued a patent on "a mobile entertainment and communication device." Reading the patent, you realize it describes the quite common smartphone. It's a patent for a mobile phone with removable storage, an internet connection, a camera and the ability to download audio or video files. The patent holding firm who has the rights to this patent wasted no time at all. At 12:01am Tuesday morning, it filed three separate lawsuits against just about everyone you can think of, including Apple, Nokia, RIM, Sprint, AT&T, HP, Motorola, Helio, HTC, Sony Ericsson, UTStarcomm, Samsung and a bunch of others. Amusingly, the company actually first filed the lawsuits on Monday, but realized it was jumping the gun and pulled them, only to refile just past the stroke of midnight.

As the link above explains, the patent itself is based on a bunch of continuation filings, which are commonly used by patent holders who want broad patents to cover the latest technologies well after they've already come about in the market. It would seem like the concept itself, merely combining a bunch of things that people were already talking about, should never have been granted based on the Supreme Court's recent KSR ruling that merely combining existing concepts doesn't deserve a patent. Also, as noted in the comments to the link above, it would appear that there's a fair amount of prior art. In fact, Apple even sent over some prior art concerning the patent just before it was originally supposed to be issued last summer -- but somehow patent holder's lawyers talked their way around it. In the meantime, it looks like we've got yet another case of an overly broad and obvious patent being used against a huge number of firms. I'm sure that's exactly what Thomas Jefferson expected when he created our patent system.

Filed Under: patents, smartphones
Companies: apple, at&t, helio, hp, htc, motorola, nokia, rim, samsung, sony ericsson, sprint, utstarcomm

Yes, Calling A Phone The Black Cherry May Confuse People Into Thinking It's Related To The BlackBerry

from the no-argument-here dept

While we're often quite critical of frivolous trademark lawsuits that are clearly designed to to shut someone up or to try to squeeze money out of someone, there are times when trademark lawsuits are quite well justified. As we've said repeatedly, the real purpose of trademark law isn't about "intellectual property" at all -- but rather, it should be viewed as a consumer protection law. That is, it's really designed to keep Bob's Cola from packaging its bottles up so that people are tricked into thinking they're buying Coca Cola. So, with that in mind, it would seem that RIM has a pretty strong trademark case against handset maker LG, who has been trying to sell new phones with names like Black Label, Strawberry and Black Cherry. The "Black Label" one is more borderline -- as it's hard to see that RIM should be able to control the use of the word "Black" as it relates to any mobile device. However, it's not hard to see people hearing names like Strawberry and Black Cherry on a mobile device and simply assuming that they're somehow related to RIM's BlackBerry. Even worse, LG had apparently wanted to call one of its new devices the BlackPearl -- which is really sketchy, seeing as RIM is offering a device called the BlackBerry Pearl. On this one, we'd say that even the moron in a hurry test suggests that people would be confused into thinking that some of these LG phones were from RIM.

Filed Under: black cherry, blackberry
Companies: lg, rim