RIM judge doesn't order shutdown, mulls final decision
By Marc Perton 
posted Feb 24th 2006 1:30PM
posted Feb 24th 2006 1:30PM
The latest word out
of Judge James Spencer's courtroom is that the judge has adjourned the hearing without issuing an injunction against
RIM, but has said he'll rule later on whether or not to shut down the company's BlackBerry service. The judge also
criticized both RIM and rival NTP for not settling the case sooner, leading to speculation that a speedy settlement
would convince the judge to make today's decision final. Earler, NTP asked the judge to award the company $126 million
in damages -- regardless of how he decides the patent dispute with RIM. A lawyer for NTP was also quoted as telling Judge Spencer
that rumors of doom and destruction that would follow in the wake of a BlackBerry shutdown are a little overblown:
"The world will not come to an end if Your Honor enjoins their improper conduct,"
James Wallace said. Meanwhile, word is out that the US Patent and Trademark Office has
issued a final rejection of another NTP patent, following the first such rejection, which occurred earlier this
week. 
I posted this in the other entry but this is the reuters transcript http://sybarites.org/2006/02/24/blackberry-saved-but/
http://www.engadget.com/2006/02/24/judgment-day-arrives-for-rim/#comments
CALLED.
The funny thing is, NTP asking for 126 mill no matter which way the judge rules.
I am screwed!
Just shut them down and be done with it!
Jeez Louise...people will find some other way to feed their 'Gotta check my inbox every 2 minutes' addiction. Let's get some real competition in the market and shut down the monopolys.
that sucks. i hate crackberries and the company i work for is in love with them. their like a bad drug. its sicking. do people really need email that badly. i know some big CEOs might need it for something important but other than that what? i wish they would get shutdown people don't need this. if you are not at work why do you need this. grab a laptop and be happy.
Wasn't the original settlement offer like $450M? Must hurt a little to be begging the judge for less than 1/3rd of that now, huh?
Did anyone else catch the NTP guy's comment about "fast justice?" I think it's funny that NTP is watching every one of their patents be rejected and is now scrambling to hurry the case and get whatever money they can. I have no sympathy for NTP, I think the whole thing is stupid. They aren't a real company (it's just two guys) and they have sat by for far too long to cash in now. There should be a statute of limitations on when you can file for patent infringement.
NTP deserves NO money for what they have done. NOw that the patents have been ruled invalid, RIM should turn around and sue NTP for the costs of the litigation.
If NTP was smart, they would just go away and lick their wounds. THe judge also needs to be reprimanded for refusing to take into account some of the earlier patent rulings.
I am not a blackberry user.
Blackberries don't do anything that my Treo can't, and as a bonus I don't look like a douche when I use it. I don't see why this is such a big deal.
You do look like a douche with your Treo. You just don't know it.
The mainstream press hasn't picked up the truth of this matter. It seems crystal clear at this point that the judge will rule against RIM in the coming week or two.
Also, bear thee in mind that rejections by the patent office mean next to nothing, both in the trial and for the validity of the patents. Rejection just means that the patent office is challening the applicant to prove the merit of their patents, and 90% of the time they are subsequently reapproved. NTP only needs one valid patent for them to win, and they have around seven that are applicable, so the odds are monumentally in their favor.
Moreover, the judge seems to be pretty irritated with RIM all around. I'm told that the only time he was taking extensive notes was when the paperwork needed to obtain an injunction was being discussed, and the rest of the time he spent looking annoyed. This isn't solid evidence, of course, but it all points to RIM getting smacked, with victory extremely unlikely.
Ed:
So, you're saying that the "final rejection" of one of the patents is not, in fact, final? I think that you may be confusing a re-examination and a rejection. Also, the court case involves five patents. The four remaining patents have had a re-examination followed by a non-final rejection.
You mention the 90% figure as if the patents in question are random. They're not random patents, we can read them and see that they are silly. The PTO is fast tracking their review of the remaining four patents of the five relevant to this lawsuit - and it seems that even NTP's lawyers don't claim anything beyond "they're valid now, and nothing else matters."
I really don't think that your interpretation is consistent with the facts. The judge sounds irritated with everybody.
Unfortunately, even the final rejection can be appealed...is it just me or does it seem like there should be another name for it, since it's not really final. Maybe we have to wait for the "super-final," "really we mean it this time final," or just "final final" rejection.
I can understand the judge's position that at the time of the jury verdict, RIM was infringing, so damages should be awarded on those grounds. However, to issue an injunction at this point, especially in light of the shaky ground the patents are on, seems fairly stupid.
And for those railing against RIM, remember that it was NTP that decided that $450 million was not enough. This could all have been settled long ago, but for greed. As much as I can see the fairness in NTP receiving the initial damage figure after the original trial, I really hope they get nothing at this point.
No matter how much money RIM has, it is a corporation with employees, manufacturing costs, advertising costs, etc. It's not a handful of people sitting on piles of cash ala Scrooge McDuck. NTP is a couple of people sitting on some patents. To try and milk more than $450 million is, while understandable from a greedy bastard perspective, just ludicrous.
#12 - This exact comment was posted on Slashdot by someone called ClownJizz...
Same guy. I would have chosen my usual pseudonym for Slashdot but it was already taken, so I fell back on my SomethingAwful username (which I didn't actually choose). Also I enjoy the irony of debating patent law under such a ridiculous name.
Anyway, perhaps I'm confused about the sort of rejection this is. The substance of my post is based mostly on a conversation I had with a patent attourney who has been following the case, whose opinion I would expect to be accurate, but may not be.
This story is becoming too long. Independent on what the judgement of court will be, that will be a relief.
...ho hum. Enough already. A Judge that can't make a decision...he's prolly just trying to decide how much of a kickback he wants.
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