This is is the week that the NTP vs. RIM patent infringement case could come to a head. I don’t think it will though…
Friday, February 24th, 2006 the biggest case in U.S. patent history could change the way many Americans receive email while on the go as District Judge James R. Spencer possibly hands down his ruling on an injunction against the sale of BlackBerry devices and BlackBerry service in the United States. I could be wrong (and usually am when starting sentences with “I could be wrong”) but if Judge Spencer actually hands down and injunction, I think that he will immediately stay it contingent upon the final ruling of the USPTO on the validity of the patents in question.
I know that Judge Spencer has stated he doesn’t have to wait to rule until the USPTO is done doing their business to rule, however, it just doesn’t make sense to throw U.S. businesses into such turmoil over patents, that by all accounts, will be rendered invalid.
I have no doubts RIM will not only survive but, thrive. I don’t understand how a lawsuit mill company like NTP successfully won the lawsuit. They have a few dusty patents from the 80’s that were only sought on the hopes that one day someone would invent wireless email. Gee, I think I’ll patent a flying car and hope that one day someone invents one and I can sue over it.
I sent Chief Justice Spencer a letter a few weeks ago asking him the deny RIM’s motion voicing my concerns that an injunction would have a financial effect on my business.
I’m not sure if Chief Justice Spencer will issue an injunction with the provision that if the patents are invalidated then the injunction won’t take effect. I think what is rather likely to happen because Chief Justice Spencer wants the case off his docket is that he will either deny the injunction outright because of the economic impact it would have, or allow the injunction which would then be appealed and would likely non-survive the appeal if the patent office gets moving and puts the finishing touches on all of NTP’s patents.
I’m leaning on the edge of my seat to see what will go down on Friday. It’s gotten down to a contest where RIM and NTP are looking at each other waiting for a blink and Chief Justice Spencer is getting irritated that they are not settling. If I was RIM, I wouldn’t settle either. NTP has done nothing to develop a product, why should they get any money?
Nate
fln8.com