Feeds

RIM rejects NTP patent win

US IP remit doesn't extend to Canada

  • alert
  • submit to reddit

Intelligent flash storage arrays

Research in Motion (RIM) wants the US Court of Appeal to reconsider its argument that its Canadian location puts it beyond the reach of US-based patent infringement accuser NTP.

Faced with a return to the District Court of Eastern Richmond, Virginia to have a new penalty imposed following the Court of Appeal's ruling that RIM did indeed violate NTP's intellectual property, the Canadian company is now saying none of all these legal shenanigans were necessary, the New York Times reports.

Lawsuits in Motion's pitch is that since its servers are located north of the border, where US patents have no hold, it can't be held to have infringed NTP's US patents.

Yes, Blackberries operate within the US, but all the real work is done in Canada - certainly the stuff that NTP alleged it had ownership of courtesy of its US patent - RIM argues. The Canadian government has filed a brief with the court to indicate its support for RIM's basic argument.

Not surprisingly, NTP is having none of it. It maintains that since the "beneficial" part of the Blackberry system - ie. the handheld - can be used in the US, it can be brought to book.

"We don't care if one part of the system is run in Canada," Donald Stout, NTP's co-founder and counsel, told the newspaper.

Indeed, if RIM's argument is so strong, why didn't it make more of its server location in the early days of the case rather than spend time trying to show that no infringement had taken place?

Last month, RIM was told by the appeals court that its battle with NTP would return to the lower court. The Court of Appeal also overturned a injunction banning sales of the Blackberry in the US, imposed on RIM by the lower court but later stayed.

NTP sued RIM in 2002. A year later, the District Court of Eastern Richmond, Virginia ruled in NTP's favour and in addition to the injunction ordered RIM to pay $54.7m in damages. ®

Related stories

RIM stock rises on acquisition speculation
RIM revenues rise
RIM infringed NTP patents, appeal court rules
Nokia aims to dominate mobile email
RIM ships Blackberry Enterprise Server 4.0
RIM takes active-user total to 2m
Nokia calls up RIM, again
Final appeal in RIM's US Blackberry battle
Good Technology settles with Lawsuits in Motion

Intelligent flash storage arrays

Whitepapers

Free virtual appliance for wire data analytics
The ExtraHop Discovery Edition is a free virtual appliance will help you to discover the performance of your applications across the network, web, VDI, database, and storage tiers.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
10 threats to successful enterprise endpoint backup
10 threats to a successful backup including issues with BYOD, slow backups and ineffective security.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Website security in corporate America
Find out how you rank among other IT managers testing your website's vulnerabilities.