Feeds

Lawsuits in Motion to pay $53m

But can keep selling Raspberry in US

  • alert
  • submit to reddit

Boost IT visibility and business value

Doomsday came a little closer this week for Research In Motion, as a court ruled that the company must pay aggravated damages of $53 million to NTP Inc., a patent holding company based in Virginia. A judge stayed an injunction against RIM that would have prevented it from selling the Blackberry device and services in the United States.

Lawsuits have been in Motion since early 2000, when NTP first notified RIM of the alleged infringement. In November a court ruled against RIM, and ordered it to pay $23 million. Then NTP turned the screw, claiming RIM had wilfully violated the patent. The Canadian company has been budgeting for damages by setting aside money in an escrow fund.

RIM has cried foul to the US Patent Office. Four of NTP's 'Campana' patents are being re-examined by the Office, the agency announced in February. NTP acknowledges that RIM did not copy the Campana patents but developed its software independently. However a Judge was not impressed by RIM's sloppy defense - or its "questionable legal tactics", which made the discovery process "unnecessarily arduous".

RIM cited three examples of prior art, but its expert witness did not impress the judge: "Much of Dr.Reed's direct testimony was conclusory and failed to analyze and explain the claim language and which components of the prior art embodied each element of the asserted claims."

He continued, "Dr.Reed's credibility may have discounted by the jury in light of his admission that his testimony was scripted and substantial portions of his expert report were copied, almost verbatim, from ... answers prepared by RIM's attorneys."

And according to the judge, RIM "attempted to confuse mislead the jury by conducting a demonstration of the TekNow! system, which RIM asserted as prior art, by using updated software that did not exist at the time the system was used".

Ouch.

RIM has changed its business model since the NTP's first notification in January 2000. From being a pager company RIM has morphed into a software company that uses industry-standard cellular air interfaces, adding voice capabilities to the devices. RIM has licensed the gateway to Nokia, Symbian and Palm although license revenue represents a trickle just now: the company spent more on legal fees in the last quarter than it gained from licenses.

Last week RIM sued Xerox as a precaution. Litigation against Good continues. ®

Related Stories

Lawsuits In Motion files suit against Xerox
Legal costs widen RIM Q2 loss
Symbian and Microsoft sign RIM deals
Patent blow to Lawsuits In Motion, Inc.
Handspring settles Lawsuits in Motion suit
Judge blows Lawsuits in Motion a Raspberry
RIM keyboard patent harmful only to RIM - experts
Palm's Tungsten and MIMS target RIM's LIMs

The Essential Guide to IT Transformation

More from The Register

next story
Scotland's BIG question: Will independence cost me my broadband?
They can take our lives, but they'll never take our SPECTRUM
Bring back error correction, say Danish 'net boffins
We don't need no steenkin' TCP/IP retransmission and the congestion it causes
Auntie remains MYSTIFIED by that weekend BBC iPlayer and website outage
Still doing 'forensics' on the caching layer – Beeb digi wonk
NBN Co adds apartments to FTTP rollout
Commercial trial locations to go live in September
Samsung Z Tizen OS mobe is post-phoned – this time for good?
Russian launch for Sammy's non-droid knocked back
Telstra to KILL 2G network by end of 2016
GSM now stands for Grave-Seeking-Mobile network
Seeking LTE expert to insert small cells into BT customers' places
Is this the first step to a FON-a-like 4G network?
What FTC lawsuit? T-Mobile US touts 10GB, $100 family-of-4 plan
Folks 'could use that money for more important things' says CEO Legere
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
The Essential Guide to IT Transformation
ServiceNow discusses three IT transformations that can help CIO's automate IT services to transform IT and the enterprise.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Build a business case: developing custom apps
Learn how to maximize the value of custom applications by accelerating and simplifying their development.