NTP, don't cry, dry your eyes
By Ryan Block 
posted Jan 19th 2006 12:43PM
posted Jan 19th 2006 12:43PM
The end appears near, friends, and we all pretty much know it. RIM's managed to stall the ruling on their case
with NTP long enough find themselves on the eve of having all NTP's patents ruled invalid once and
for all by the USPTO, and if they can hold out just a little longer it looks like they'll be home free. So what angle
is NTP playing as they scramble to put through an injunction against RIM? Interestingly enough, they've resorted to
issuing statements amounting to whining, sniveling, and smearing: in the course of this whole ordeal NTP claims to have
been, uh, put through, their business has suffered "substantial harm," and they referred to RIM as the
"900-pound gorilla in the wireless e-mail industry" that's been "free riding" on their IP.
Seriously, this from a company who's basis for the case in the first place relies on what are widely known to be
invalid patents? Frankly we're half tempted to pay NTP what they're asking for at this point (that'd be $125.9-million
plus $7 million in interest plus 5.7% in RIM royalties) just to get these guys to shut up.
Shoulda took the money when it was offered and shut up, but NOOO!!! they got greedy. Serves em right. It's nice in this day and age to see bad companies burnt.
And let me just be the first (here anyway) to say...
Neener neener neener.
Morons.
These guys are bottom-feeders... I hope they don't get a dime. Maybe they should consider merging with SCO...
All because the USPTO blindly rubber stamps anything that comes over their desk.
What would be really cool is if NTP found that SCO was using their patents or vice versa...this would cause a stupidity singularity to form, sucking them both in.
That's what selfish bastards (NTP) deserve. They should of taken the 400 million settlement instead of trying to get more
That's a resounding "SUCKAS". I don't even use Crackberries, but NTP is what you get when you get MBAs together with no clue.
I hope someone successfully counter-sues them.
F'n B'tards!
I am so sick of NTP bitching and whining already. Their patents are all but invalid so they should be happy to recoup the costs of their lawyers.
Sometimes I really do despise my fellow mammals :-)
Judging by these posts, NTP appears to have assumed the role of NWB or Nuclear Whipping Boy
#8 Don't be so sure they are mammals.
To hellonearth...because it's a stupid lawsuit. Get it???
Funny. I went to a dinner the other night where there was a guy from SCO attending. He said something like "I am quite aware that at any moment, I may be out of a job."
To quote Mr. Heston:
They can have my Blackberry when they pry it from my cold, dead hands!
...greedy scunbags.
/rant
And here comes your mother with those two little guys...
"Seriously, this from a company who's basis for the case in the first place relies on what are widely known to be invalid patents?"
Sorry, I'm a tech-journalism editor, and it pains me to see "who's" where "whose" belongs. I'm also an ex-patent lawyer, and I can assure you the statement "widely known to be invalid patents" is doubly erroneous: First, a patent can't be "widely known" to be invalid, as this is a finding of law that must be made by a judge or a USPTO Appeals Board. Thus, a patent can be known to be "worthless" or "devoid of innovaton," but "invalid" is a legal term of art that has, as you know, tremendous implications for the patentee. Secondly, though NTP can be called a million things, from patent-troll to free-rider, you shouldn't hate on the opportunist - hate on the system. The patent system is conducive to this kind of parasitic opportunism, and you can't blame a handful of clever guys for simply going for easy money. Funny, though not surprising, that greed may have been their undoing.
#17, thanks for both comments. Any of these posts about patent law always seem to be dominated by people who tend to know absolutely nothing about patent law. Informed opinions and statements seem rare.
So thanks.
You allways have some good program goimg and you need to inform me
For a person who really isn't following what's going on, can someone just dumb it down and let me know what exactly is going on and what happens to Blackberry service customers after this?
" Secondly, though NTP can be called a million things, from patent-troll to free-rider, you shouldn't hate on the opportunist - hate on the system. The patent system is conducive to this kind of parasitic opportunism, and you can't blame a handful of clever guys for simply going for easy money. Funny, though not surprising, that greed may have been their undoing."
what a bunch of BS...parasitic opportunism will kill any system ... especially a system designed for lawyers...
#17 Just because the system is screwed up doesn't mean that I am going to applaud people for being greedy a**holes. #19 the case is going in favor of RIM so Blackberry service is not going to change.
FYI, NTP is not a "them", or "these guys", it is basically one man, a partner in a Northen Virginia patent law firm, who founded the company many years ago, along with the now-deceased inventor. How is this parasitical? Inventors assign their patents to others, including big corporations, governments, academic and research institutions, all the time. The validity of the patents will no doubt be in litigation for many years to come after the USPTO finishes its office actions, so there is nothing greedy about wanting to get paid for the use something that you have owned for 20 years.
ok...but doesn't some part of all of us just want to see what national mayhem would result from shutting down blackberry service for just a day or two? come on....
#23, any patent enforced by or on the behalf of an inventor who does not compete in that field is by definition parasitical. It does nothing to protect innovation but rather stifles it. And this type of parasite is one of many types in the IP world. It's become a lottery, where you simply "grab" IP in the hopes of scoring someday, and it really sucks when someone tries to collect.
#Whatever, the idea is incentive. Never mind the facts, memorable anecdotals like RIM/NTP always run opposite to the policy, or we wouldn't remember them. RIM/NTP is supposed to show us why we should hurry to the patent office. If we are all hurrying to the patent office than we are theoretically all hurrying up our R&D in order to do that. Personally, I don't think it works. But I can also see it is not going away. It's like taxes or bank charges, we are stuck with it.
Well, I can't argue with what NTP is saying - considering that RIM has had their patents put under review and likely will be ruled invalid (though after appeals that's not ofr another three years or so), and considering that's the entire basis for generating revenue there, if successful, RIM will have completely destroyed their business. Aw shucks.
Secondly, you can't argue that RIM *isn't* the 900-lb gorilla in mobile data and email, because they are. They have patents that cover their delivery system and are quite happy to enforce them (see RIM v. Good), similarly they have patents on industrial designs that are all but essential in most smartphones and have enforced those (see RIM v. Handspring). But given the plethora of smartphones emerging and competing mobile data solutions, it's clear that while RIM throws it's weight around (and some would say unjustly so), they aren't stifling innovation in that market by taxing it to death.
Once again, with the exception of #17 (pete), there are a hundred people talking about something they know nothing about. Sadly even the Engadget editors here have not done ANY homework on this one but lemme see if I can put the kibosh on this one here too.
James Spence, U.S. District Court Judge (the judge hearing this case) said EXPLICITLY that he doesn't tell the USPTO how to do its job, and they don't tell him how to do his.
Frankly RIM has behaved in a CHILDISH manner based on the court opinions and rulings, particularly the hearing for enhanced damages and lawyer's fees. RIM has ALREADY been denied a Stay (for the injunction) for purposes of awaiting a USPTO ruling.
NTP contends, and the Judge agrees, that EVEN IF all the NTP 'Campana' patents are ruled invalid, that NTP can begin an appeals process to have that ruling overturned, a process that could take years. RIM has been told ALREADY that this doesn't change the outcome. Remember, they are on an appeals process, they have already been found GUILTY. Now, don't get me wrong, I don't think the NTP patents are valid, but a patent-holding company is not evil by its nature (do YOU want to file your patent licensing with your personal income tax, or as a business?). For that matter, please, understand that lawyers don't just get paid a lot for no reason at all, and there is a lot of research and evidence (and behavior, RIM I'm looking at you) that needs to be taken into account before you begin addressing people in profane ways. Perhaps a look at www.findlaw.com will help, or if you have access to a University, see if your school pays for a subscribtion to Lexis Nexis.
Learning about something before you burden the world with your opinion about it couldn't hurt right?
Adam - you omitted some of the most important information... including the US Government's intercession in the dispute. In a statement likened by some attorneys to "eminent domain", late last year the USG asked the Judge to withhold any decision at least 90 days... until the USPTO's final rulings on the patent (click my sig for the story). Wonder what they know?
As for childish behavior, reports that NTP slammed the USPTO with 30,000 (yes, thirty thousand) claims to their patents doesn't help (a) make their case any easier; and (b) make any friends in the Patent Office.
If events unfold as I think they will, NTP will soon stand for "No Trademarks _or_ Patents."
Nonetheless, you've really got to read James Spencer's views on the case. You can check out a couple at www.findlaw.com, simply do a case search for either RIM or NTP. It is clear that he buys NTP's statements 100%, that the wireless carriers know who their government accounts are. I agree, but frankly, I don't think Spencer gives a damn about the USPTO, and futhermore, he is moving beyond the realm of agitation with RIM. In terms of "good citizenship" for courtroom manner, RIM is not doing well.
I believe the last time there was a motion for a Stay, Spencer said in his opinion that it was the fourth such motion for precisely the same argument, and he was certain that it had been explained previously.
This case will be settled. NTP will settle soon enough, and RIM will be happy for it all to be over with. Watch NTP to make out with some cash, I don't see anyway for RIM to effectively overturn their previous years of bad behavior, and their standing GUILTY verdict. If you get a chance to use Lexis, check out the 40 pg (pdf) appeal judgement. RIM doesn't get hardly any wiggle room at all, and is barred from using new persuasive argumentation in some key areas (Markman proceedings, take place in all patent cases now, from the Markman v. Westview case, judges, no jury needed, are allowed to, with argumentation from the lawyers, interpret the various meanings for terms contained in the patent; say defining push-based e-mail, RIM's system, as seperate from the pull-systems that NTP's system assumes, given prior art). When RIM can't make these arguments that it needs, it's forced to rely on substandard attacks. Debating the meaning of a plurality of processors was a silly loophole for them to try and exploit.
Did you know that RIM's major argument in the first stage of the trial, was that because the RF equipment was attached to the Intel processor, and THAT was the mobile device? Doesn't that seem silly, even though basic patent law seems to state that using one element to create a system that infringe, STILL infringes? Essentially, NTP simply had to agree with RIM, and RIM was still in violation of the U.S.C. Funny isn't it?
~a
America's constitution confers property rights to authors and inventors. A patent is similar to a twenty year lease on real estate.
Personally I think that all the people bashing NTP for defending their rights should buy tents and set them up in their yards and invite the homeless to move in. They should raise a garden, do all the work themselves and allow the homeless to take what they want. Their door should stay unlocked and the homeless should be allowed to freely partake of whatever they feel a need for.
That is what RIM does. In fact, RIM has taken property from others, like the University of Texas who also had to sue the company. And there is the matter of RIM suing the inventor of predictive text I mid 2005. So even if RIM somehow dodges the bullet of NTP they are facing another similar case.
Then there is the issue of how RIM has very sophisticated PR and lobbying machines while all their victims do not. And the public, even ex patent attorneys buy their propaganda hook line and sinker.
Have any of you wondered why the judge in this case is so fed up with RIM? RIM tried to foist manufactured evidence on the court. RIM has apparently committed many other sins upon the court, not the least of which is apparently applying political pressure to sway the outcome, a tactic which has backfired.
The USPTO is a very political organization who has a bad habit of carrying water for 900 pound guerrillas. This case has the USPTO afraid of political backlash. NTP is a hot potato which they want to lob into the appellate courts to defuse potential political backlash. Hence their "invalidating" all the patents. But the reality is that they did grant the patents and I personally very much doubt that those patents are invalid. So in five years when the court rules the odds are that the patents will be upheld.
There are numerous relevant patents, and all NTP has to do to win this is hang RIM on one claim.
Now I want all of the RIM supporters to look at the fact that RIM is being accused to taking more than one parties property. Do you really think this company is reputable?
When you use RIM products or services you are a party to their conduct. Just remember that some day when some well heeled bully kicks the crap out of one of you and flat out steals your property while painting you as a bad apple that some of us will take the time to get at the truth while the majority may well buy the bully's propaganda.
Ronald J Riley, President
Professional Inventors Alliance
www.PIAUSA.org
RJR@PIAUSA.org
RJR Direct # (202) 318-1595
Ok I have onky been in the loop a short time now and from what I am hearing is RIM will be forced to shutdown its Blackberry services according to the news this morning, will that happen and if so what could I use to replace my Blackberry server and all?
I just think it's funny. You sow what you reap. RIM has never hesitated to go after anyone for infringing on their "patents," from GoodLink to Palm.
Now, they're on the receiving end. How do you like them apples, now?
It's always instructional to turn things around. What if RIM had gone after NTP? Would their supposedly worthless patents be overturned? Would they be called a patent troll?
IBM has a billion dollar per year patent portfolio. Their tactics are forthright: either pay to license, or they'll find *some* patent to hang you on. While it's true that many of IBM's patents are quite innovative, there are many that don't meet that standard.
As a small developer, the spectre of software patents may not keep me awake at night -- but it ought to.
The basis for patents is contained in Article 1, Section 8 of the US Constitution, giving the legislature the authority "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."
The question I have is whether, in fact, patents such as those in question actually do anything to promote the progress of science and useful arts, or whether they do just the opposite.