Search Results for: NTP patent case

RIM is dealt another setback in the NTP patent case

November 30, 2005 by Robb Dunewood 1 Comment

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.

Research in Motion has unlikely supporters in NTP Patent Case

September 1, 2005 by Robb Dunewood Leave a Comment

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.

New Evidence in the RIM / NTP Patent Case

June 30, 2005 by Robb Dunewood Leave a Comment

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.

BlackBerry settlement reached in NTP vs. RIM patent case

March 3, 2006 by Robb Dunewood Leave a Comment

Just one short week after Judge James R. Spencer decided not to impose an injunction against BlackBerry maker Research in Motion and warned both RIM and NTP to settle their long going legal battle over patent infringement out of court or he would do it for them, the two companies have decided to settle.

Research in Motion has paid NTP $612.5 million in a “full and final settlement of all claims” and will not have to pay any future royalties. This settlement also gives any of RIM’s partners full patent peace and assurance that NTP will never come after them.

NTP, BlackBerry Settlement

The fat lady ain’t singing yet in the NTP vs. RIM patent case

February 27, 2006 by Robb Dunewood Leave a Comment

Judge James R. Spencer decided not to enforce an injunction against BlackBerry maker Research in Motion that would prevent the PDA leader from selling BlackBerry devices or service in the United States but warned both NTP, the Virgina based patent holding company that owns 5 patents that Research in Motion was found guilty of infringing upon, and RIM to settle out of court before he would be forced to do it for them in court as a matter of law.

Judge Spencer’s comments made it clear that NTP and RIM should get together and settle this thing, however, I think that we may be farther away from a settlement now, then we were back before the hearing.

As the BlackBerry hearing was going on last Friday the United States Patent and Trademark Office was busy invalidating the last three of the five NTP patents RIM was found guilty of infringement. The first two fell on the preceding two days. In an interview just after the hearing, RIM co-CEO Jim Balsillie pointed out several times that the NTP patents are “absolutely going away”. Balsillie didn’t categorically say that RIM will not settle with NTP, but, he alluded to the possibility very strongly.

If there is one thing that we know for sure, this thing is definitely not over.

Judge James R. Spencer’s comments on the NTP vs. RIM patent case

February 27, 2006 by Robb Dunewood Leave a Comment

Here is what Judge James R. Spencer had to say after handing down his ruling, or, lack there of, in the NTP vs. Research in Motion patent case.

The hallmark of sanity is that one remains firmly tethered to reality.
And one unfortunate reality for RIM, and one that they would just as soon forget or ignore, is that in this very courtroom there was a trial, a jury was selected, a trial was carried out for a period of weeks, and evidence was received, and the jury heard arguments from some of the best legal talents that money can buy. And when all was said and done, they decided that RIM had infringed NTP’s patent, and that the infringement was willful.

The jury consisted of 12 men and women, tried and true citizens of this district, and I can assure you that the citizens of this judicial district and the Commonwealth of Virginia are not foolish or frivolous when it comes to the matter of fixing legal liability. After all of the appeals, the petitions, the politics, the lobbying, this central truth, this reality of the jury verdict has not changed in any essential or substantive way.
[Read more…] about Judge James R. Spencer’s comments on the NTP vs. RIM patent case

Judge in NTP vs. RIM patent infringement case says “Settle or Else”

February 24, 2006 by Robb Dunewood Leave a Comment

Judge James R. Spencer has basically left things as they were in the NTP vs. Reserach in Motion patent infringement case. Hey has issued a warning in unmistakable language that the two companies need to settle this out of court or he is going to do it for them, and they won’t like it if he does.

RIM, BlackBerry, NTP, Patent

February 1st deadline set in NTP vs. RIM patent infringement case

December 16, 2005 by Robb Dunewood Leave a Comment

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.

RIM gets a small victory in NTP patent dispute case

June 20, 2005 by Robb Dunewood 1 Comment

It’s been a long, expensive, and frustrating six months when it comes to Research in Motion their long standing patent dispute with NTP. At the end of last year, RIM lawyers said that they wouldn’t settle. In March, RIM and NTP settled for 450 million dollars, one of the largest patent infringement settlements ever. Just a few weeks ago RIM and NTP went to court again because they cannot agree on what they agreed on.

The U.S. Patent Office offered a bit of a reprieve for Research in Motion on Friday because they rejected the 5th in a row of 8 patents that NTP is claiming.

The latest patent-office rejection appears to be setting the stage for a potential nullification of the entire set of patents at the heart of the dispute between NTP and RIM. It also opens up the possibility that their multi year lawsuit–which the two parties agreed to settle last March–may turn out to be moot.

The NTP / Research In Motion Patent Dispute Still Not Over

September 29, 2009 by Robb Dunewood 1 Comment

Do a quick search here on RIMarkable for NTP and you will find now less than 4 dozen posts detailing the biggest patent infringement case in U.S. history. We thought that our days of talking about NTP were behind us when RIM settled with the patent holding firm back in 2006 for $612.5 million, however, as Al Sacco from CIO.com points out, the RIM / NTP patent case has taken a turn.