Feeds

RIM rejects NTP patent win

US IP remit doesn't extend to Canada

  • alert
  • submit to reddit

Secure remote control for conventional and virtual desktops

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

Build a business case: developing custom apps

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.
Endpoint data privacy in the cloud is easier than you think
Innovations in encryption and storage resolve issues of data privacy and key requirements for companies to look for in a solution.
Scale data protection with your virtual environment
To scale at the rate of virtualization growth, data protection solutions need to adopt new capabilities and simplify current features.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
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?