Search Results for: NTP patent case

BlackBerry maker, Research in Motion, was dealt another setback in the NTP vs…………….. RIM patent infringement case. U.S. Appeals Court Judge James Spencer denied RIM’s request to delay the case and to enforce a $450 million settlement initially agreed to by NTP but later fell apart when the two sides couldn’t agree on terms and royalties.

Judge Spencer said, “Valid patents would be rendered meaningless if an infringing party were allowed to circumvent the patents’ enforcement by incessantly delaying and prolonging court proceedings, which have already resulted in a finding of infringement.” He also said that he will request briefs and set a hearing date to deal with damages and impose an injunction against the sale of BlackBerry service and devices in the United States.

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Research in Motion rivals Seven Networks Inc. and Microsoft along with business partner Intel recently filed documents in the NTP vs. RIM patent case.

One of the key rulings against Research in Motion is that they infringe upon patents held by Delaware based holding company NTP even though RIM’s email system is managed from their operations center located in Canada. The ruling brings into question whether U.S. patents can be enforced in other countries.

Both Seven Networks and Intel side with Research in Motion arguing that U.S. patents should not apply in other countries. Microsoft argues the opposite stating that RIM’s position would encourage companies to locate certain aspects of their systems outside the United States to avoid infringement liability.

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Lawyers for Research in Motion have discovered 6 technical books that they hope will invalidate patent infringement claims made by NTP.  These books, published by Telenor, the largest provider of telecommunications services in Norway, describe a “wireless email system” similar to that which Research in Motion uses for it’s popular BlackBerry service.  The key here is that these books were published back in 1986, years before NTP filed for patents in 1991. 

The Telenor publications openly disclosed and described to the public the mobile e-mail system sought to be claimed years later in NTP patents. Indeed, the Telenor publications openly disclosed that e-mail system long before NTP claims that its system was even conceived.

This new evidence is another in a long line of blows to the NTP patent suite.  Since settling with Research in Motion back in March for $450 million,  7 of the 8 patents have since been overturned by the U.S. Patent Office.  RIM and NTP have also be fighting over the terms of the settlement agreement sparking additional lawsuites between the two companies. 

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U.S. District Judge James Spencer has set final brief filing deadlines of February 1st for NTP and Research in Motion in the NTP vs. RIM patent infringement case. Both sides have until January 17th to file briefs and until the start of February to respond to each other before filing final briefs.

Judge Spencer will contact representatives from both sides to schedule a court hearing next month and it is believed that it would occur about a week after the final brief deadline.

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