Feeds

Appeal court reverses RIM patent infringement findings

Not all NTP patent claims violated after all

  • alert
  • submit to reddit

Next gen security for virtualised datacentres

The battle between Research in Motion (RIM) and NTP is far from over. Yesterday, the US Court of Appeal overturned a lower court verdict that RIM had infringed NTP's patent-protected email-by-radio method.

However, the appeals court reaffirmed a lower court judgement that RIM had infringed NTP's patent for a wireless email system.

This week's ruling follows on from the Court of Appeal's December 2004 verdict that the lower court had been right to decide that RIM had infringed a number of claims made in patents held by NTP. At the time, the appeal court also cast down the injunction banning the sale of RIM's Blackberry devices in the US. The injunction had been imposed by the lower court but stayed pending the appeal.

The latest verdict essentially narrows the scope of the appeal court's own, earlier ruling. From the original 16 claims made by NTP against RIM only seven now remain.

NTP was still bullish, despite what might be seen as a pro-RIM verdict. "All we need is just one claim to shut them down," NTP lawyer James Wallace said, according to a Reuters report.

In June, the US Patents and Trademarks Office struck down two NTP patents, leaving active only one of the five the company had originally alleged RIM infringed. That single patent contains five of the seven claims the appeal court this week referred back to the lower court. NTP plans to appeal against the USPTO ruling.

In March this year, the two companies announced they had reached an out-of-court settlement, with RIM set to pay NTP $450m for a right to the latter's technology. But in June, RIM went back to court, claiming NTP hadn't stuck to its side of the bargain and was trying to wriggle out of certain parts of the deal. ®

Related stories

Nokia 'not interested' in buying RIM
RIM lawsuit: all over bar the judgment?
RIM takes NTP to court - again
RIM settles NTP lawsuit for $450m
RIM infringed NTP patents, appeal court rules

Next gen security for virtualised datacentres

More from The Register

next story
6 Obvious Reasons Why Facebook Will Ban This Article (Thank God)
Clampdown on clickbait ... and El Reg is OK with this
So, Apple won't sell cheap kit? Prepare the iOS garden wall WRECKING BALL
It can throw the low cost race if it looks to the cloud
EE fails to apologise for HUGE T-Mobile outage that hit Brits on Friday
Customer: 'Please change your name to occasionally somewhere'
Time Warner Cable customers SQUEAL as US network goes offline
A rude awakening: North Americans greeted with outage drama
We need less U.S. in our WWW – Euro digital chief Steelie Neelie
EC moves to shift status quo at Internet Governance Forum
BT customers face broadband and landline price hikes
Poor punters won't be affected, telecoms giant claims
prev story

Whitepapers

5 things you didn’t know about cloud backup
IT departments are embracing cloud backup, but there’s a lot you need to know before choosing a service provider. Learn all the critical things you need to know.
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.
Backing up Big Data
Solving backup challenges and “protect everything from everywhere,” as we move into the era of big data management and the adoption of BYOD.
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.
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?