Feeds

NTP vs RIM judge 'unlikely' to stay case

But may yet force the $450m settlement on NTP

Bridging the IT gap between rising business demands and ageing tools

The US Judge presiding over NTP's legal battle with Blackberry maker Research in Motion (RIM) this week said it was "highly unlikely" he would wait for a US Patent and Trademark Office (PTO) verdict on the validity of NTP's intellectual property before making his own judgement on the matter.

"Frankly, it's highly unlikely that I'm going to stay these proceedings," Judge James Spencer said, Reuters reports. "I don't run [patent office] business and they don't run mine."

He added: "I intend to move swiftly... I've spent enough of my life and time on NTP and RIM."

That's bad news for RIM, which may well have been hoping for a delay pending publication of the PTO's findings. Thus far, the PTO has struck down seven of eight NTP patents and may yet invalidate the remainder. NTP has said all it needs is a single claim to pursue its action against RIM.

However, RIM can take heart from the fact that Judge Spencer looks set to see whether the abortive $450m settlement reached in March between the two companies is enforceable before proceeding to consider NTP's request for an injunction banning the sale of products already judged to infringe its intellectual property.

RIM and NTP reached an accord after the US Court of Appeals decided RIM had indeed infringed some of NTP's patent claims. The Court would later scale back its initial judgement, but not after talks between RIM and NTP about the fine details of the settlement broke down. Up to that point, RIM was to pay NTP $450m for a licence to the latter's IP.

RIM sued NTP in June in order to force the settlement, which is likely to be considerably lower than the cost of a sales ban and whatever else it may be forced to cough up in punitive damages. RIM has non-infringing technology up its sleeve which it can implement if an injunction is granted against it, but any ban will still cost it dear, we'd say.

NTP began legal proceedings against RIM in 2001. The following year, a US District Court for Eastern Virginia jury found in NTP's favour. In 2003, Judge Spencer granted an injunction banning Blackberry sales in the US, but stayed the injunction pending the outcome of RIM's appeal. Last year, the appeal court also ruled in NTP's favour. ®

Application security programs and practises

More from The Register

next story
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Amazon Reveals One Weird Trick: A Loss On Almost $20bn In Sales
Investors really hate it: Share price plunge as growth SLOWS in key AWS division
Bose says today is F*** With Dre Day: Beats sued in patent battle
Music gear giant seeks some of that sweet, sweet Apple pie
There's NOTHING on TV in Europe – American video DOMINATES
Even France's mega subsidies don't stop US content onslaught
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
Too many IT conferences to cover? MICROSOFT to the RESCUE!
Yet more word of cuts emerges from Redmond
Chips are down at Broadcom: Thousands of workers laid off
Cellphone baseband device biz shuttered
Twitch rich as Google flicks $1bn hitch switch, claims snitch
Gameplay streaming biz and search king refuse to deny fresh gobble rumors
prev story

Whitepapers

Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
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.
Seven Steps to Software Security
Seven practical steps you can begin to take today to secure your applications and prevent the damages a successful cyber-attack can cause.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.