Comments on: What do rejected patents really mean? http://www.rimarkable.com/what-do-rejected-patents-really-mean The Unofficial BlackBerry Weblog Fri, 10 Feb 2012 07:30:00 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Eion http://www.rimarkable.com/what-do-rejected-patents-really-mean/comment-page-1#comment-1301 Eion Wed, 01 Mar 2006 20:01:21 +0000 http://www.rimarkable.com/archives/563#comment-1301 Two main effects of the PTO's ruling: - an injunction isn't going to be appropriate (as we've seen), because enjoining someone from infringing a patent claim that's been invalidated isn't going to fly. - NTP's bargaining position is far worse now, and they have a greater incentive to settle. This is of course good news for RIM, but the case is by no means over. NTP can (and almost certainly will) appeal the PTO's rejection, and then they can appeal that decision if it goes against them. If and when NTP exhaust their appeals, then I'd expect the jury verdict to be overturned in short order (because no reasonable jury could have found an invalid patent to be infringed). The case then most likely wouldn't go to trial again - bringing a lawsuit against someone for infringement of an invalidated patent is a good way for an attorney to get sanctioned. If I were in NTP's shoes, I'd be looking to settle right now. (NB: I am not a lawyer, this is not legal advice) Two main effects of the PTO’s ruling:
- an injunction isn’t going to be appropriate (as we’ve seen), because enjoining someone from infringing a patent claim that’s been invalidated isn’t going to fly.
- NTP’s bargaining position is far worse now, and they have a greater incentive to settle.

This is of course good news for RIM, but the case is by no means over. NTP can (and almost certainly will) appeal the PTO’s rejection, and then they can appeal that decision if it goes against them.

If and when NTP exhaust their appeals, then I’d expect the jury verdict to be overturned in short order (because no reasonable jury could have found an invalid patent to be infringed). The case then most likely wouldn’t go to trial again – bringing a lawsuit against someone for infringement of an invalidated patent is a good way for an attorney to get sanctioned.

If I were in NTP’s shoes, I’d be looking to settle right now.

(NB: I am not a lawyer, this is not legal advice)

]]> By: Smitty http://www.rimarkable.com/what-do-rejected-patents-really-mean/comment-page-1#comment-1298 Smitty Tue, 28 Feb 2006 23:46:59 +0000 http://www.rimarkable.com/archives/563#comment-1298 I think this stems from the fact that a jury has already determined that RIM was at fault and a verdict was handed down against RIM. I'm not versed in patent law but I agree they should at least get 2nd trial based upon the new findings of the PTO. If the PTO has determined that these patents are invalid, then the lawsuit should be dropped, the verdict reversed, and RIM should be free to do what they want. This is no different then someone being but on trial for murder, convicted of murder, then later evidence was found that shows the convicted person to be innocent. In this scenario, the convicted person would be able to get a 2nd trial. RIM should also get the second trial with the new evidence that the patents are invalid. I think this stems from the fact that a jury has already determined that RIM was at fault and a verdict was handed down against RIM. I’m not versed in patent law but I agree they should at least get 2nd trial based upon the new findings of the PTO. If the PTO has determined that these patents are invalid, then the lawsuit should be dropped, the verdict reversed, and RIM should be free to do what they want.

This is no different then someone being but on trial for murder, convicted of murder, then later evidence was found that shows the convicted person to be innocent. In this scenario, the convicted person would be able to get a 2nd trial. RIM should also get the second trial with the new evidence that the patents are invalid.

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