Feeds

RIM lauds latest NTP patent rejection

Two down, one to go

Build a business case: developing custom apps

The US Patent and Trademark Office (PTO) has rejected all the claims contained in US patent number 6,067,451, one of the three patents held by NTP, and for which it successfully sued Research in Motion for intellectual property violation.

The patent contains two of nine claims that NTP said RIM had implemented in the BlackBerry push email system without its permission. The remaining claims are enshrined in NTP patents 6,317,592 and 5,436,960, and all nine have been ruled by the PTO as invalid for a number of reasons, most prominently because of prior art that was not taken into consideration when the Office first examined the patent applications in 2002.

Ruling the claims invalid and actually striking them from the record are two different processes. The claims have all been judged twice-over to be invalid, but this week's third and final ruling in the case of the 6,067,451 patent is the first Final Office Action (FOA) issued by the PTO.

NTP may appeal against the final verdict, but RIM yesterday said it believes the company won't succeed if it tries. The FOA comes with the weight of the unanimous verdict of three senior patent examiners.

Earlier this month, the PTO issued an Action Closing Prosecution notice on patent 6,317,592, which RIM described as the equivalent of an FOA. The PTO has yet to issue an FOA for the third patent, 5,436,960, which contains just one of the nine claims NTP said RIM had infringed.

In the past, NTP has said it needs just one claim to maintain its argument that RIM infringed its intellectual property, so the fight now hinges on that one remaining claim. It will take particular prominence at tomorrow's court hearing at which both companies will argue for and against a ban on BlackBerry in the US. ®

The essential guide to IT transformation

More from The Register

next story
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
End of buttons? Apple looks to patent animating iPhone sidewalls
Filing suggests handset with display strips
One step closer to ROBOT BUTLERS: Dyson flashes vid of VACUUM SUCKER bot
Latest cleaner available for world+dog in September
Samsung Gear S: Quick, LAUNCH IT – before Apple straps on iWatch
Full specs for wrist-mounted device here ... but who'll buy it?
Apple promises to lift Curse of the Drained iPhone 5 Battery
Have you tried turning it off and...? Never mind, here's a replacement
Now that's FIRE WIRE: HP recalls 6 MILLION burn-risk laptop cables
Right in the middle of Burning Mains Man week
Apple's iWatch? They cannae do it ... they don't have the POWER
Analyst predicts fanbois will have to wait until next year
Tim Cook in Applerexia fears: New MacBook THINNER THAN EVER
'Supply chain sources' give up the goss on new iLappy
Reg man looks through a Glass, darkly: Google's toy ploy or killer tech specs?
Tip: Put the shades on and you'll look less of a spanner
prev story

Whitepapers

Top 10 endpoint backup mistakes
Avoid the ten endpoint backup mistakes to ensure that your critical corporate data is protected and end user productivity is improved.
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 distributed data
Eliminating the redundant use of bandwidth and storage capacity and application consolidation in the modern data center.
The essential guide to IT transformation
ServiceNow discusses three IT transformations that can help CIOs automate IT services to transform IT and the enterprise
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.