Feeds

RIM rejects NTP patent win

US IP remit doesn't extend to Canada

  • alert
  • submit to reddit

The Power of One Infographic

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

The Power of One Infographic

More from The Register

next story
Auntie remains MYSTIFIED by that weekend BBC iPlayer and website outage
Still doing 'forensics' on the caching layer – Beeb digi wonk
Major problems beset UK ISP filth filters: But it's OK, nobody uses them
It's almost as though pr0n was actually rather popular
Microsoft unsheathes cheap Android-killer: Behold, the Lumia 530
Say it with us: I'm King of the Landfill-ill-ill-ill
All those new '5G standards'? Here's the science they rely on
Radio professor tells us how wireless will get faster in the real world
Apple orders huge MOUNTAIN of 80 MILLION 'Air' iPhone 6s
Bigger, harder trouser bulges foretold for fanbois
Oh girl, you jus' didn't: Level 3 slaps Verizon in Netflix throttle blowup
Just hook us up to more 10Gbps ports, backbone biz yells in tit-for-tat spat
GoTenna: How does this 'magic' work?
An ideal product if you believe the Earth is flat
Telstra to KILL 2G network by end of 2016
GSM now stands for Grave-Seeking-Mobile network
prev story

Whitepapers

Top three mobile application threats
Prevent sensitive data leakage over insecure channels or stolen mobile devices.
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.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Application security programs and practises
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
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.