USPTO calls RIM to give support
Not that it’s any surprise given the way the USPTO’s been consistently ruling against NTP’s patents over the last couple of years, but certainly in what we could easily characterize as a break from protocol, officials from the office notified both RIM and NTP of the office’s continued intentions to reject all five of NTP’s patents in question. As soon as it gets around to issuing its final rulings, anyway, whenever that is (the Times said it could be as early as February). Supposedly issuing said rejection is to be the USPTO’s “next office action,” but it just won’t matter if it’s not sorted before NTP’s case is ruled upon. Remember, RIM cannot further appeal in the courts to buy themselves time, and have been given an express imperative to settle with NTP by James Spencer, the District Court Judge presiding over the case. But if RIM can stall their negotiations until the USPTO can file their final rulings —before injunction against RIM is instated — the case would probably be overturned. Except that apparently NTP co-founder and patent attorney Donald Stout stated their intentions to appeal the USPTO’s final rulings (can they do that?). Makes one wonder though; if these patents are so extremely invalid, then why did the Patent Office approve them in the first place? They certainly could have saved everyone a lot of trouble over there by not working the approve first / invalidate later angle.
