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stories about: "ntp"
Legal Issues

Legal Issues

by Mike Masnick

Mon, Nov 3rd 2008 4:21am


Filed Under:
lawsuits, patents, stockpiling

Companies:
mformation, ntp, rim, wi-lan



RIM Sued Yet Again For Patent Infringement

from the maybe-you-shouldn't-have-kicked-up-all-that-dust dept

While most people think of just the NTP lawsuit when they hear about RIM and patent infringement troubles, what's often left out of the discussion is that prior to the NTP suit, RIM was one of the more aggressive companies in filing patent infringement lawsuits against everyone else. In fact, it was news articles about RIM's aggressive patent enforcement strategy that convinced the guys behind NTP to file their lawsuit in the first place. Since paying $612.5 million to NTP to settle that battle, other patent holders have been lining up to sue RIM as well.

Earlier this year, we wrote about another aggressive patent enforcer, Wi-LAN, which sued RIM for infringement. RIM, once again, settled -- indicating a bit of an open season. If you happen to have a patent that RIM might sorta possibly infringe on, why not sue?

The latest to step up to bat is Mformation, who has sued RIM for two separate patents which are both about remote management of a wireless device (Patent 1 and Patent 2). Whatever the merits of the case, all of this has to make you wonder if RIM regrets its decision to kick off the process of suing lots of companies for patent infringement. It seems that the blowback was a lot worse than any benefit.

21 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick

Tue, Aug 19th 2008 9:24am


Filed Under:
patents, re-exam, uspto

Companies:
ntp, rim



NTP Can't Leave Well Enough Alone Concerning RIM

from the the-money-wasn't-enough? dept

In one of the biggest travesties of the patent system, over two years ago, RIM agreed to pay NTP $612.5 million for patent infringement, even though the USPTO had been rejecting NTP's patents on re-exam. The patents were highly questionable: extremely broad patents covering pretty basic concepts about making email "wireless." Beyond combining two existing ideas in a rather obvious way, there was a fair amount of prior art as well. Yet, under pressure from both the judge and its own shareholders, RIM decided it was worth paying out over half a billion dollars rather than dealing with the potential uncertainty of an injunction forcing it to shut down its service.

You would think that this would have kept NTP happy. After all, NTP was basically built out of the ashes of a company that had failed in the marketplace. It was unable to come up with a product that anyone wanted. RIM, on the other hand, had done the real innovation of figuring out what customers actually wanted, and packaging it in an appealing manner. All that was left at NTP was a bunch of lawyers, who now had $612.5 million for failing in the marketplace.

But NTP won't stop. It's kept suing a bunch of other companies. However, the courts have put its latest lawsuits on hold while the USPTO continues to review the legitimacy of NTP's patents (why RIM wasn't allowed the same consideration has never been explained).

So now NTP is taking another strategy: claiming that RIM unfairly influenced the Patent Office's re-exam of its patents. Yes, the company already won the lawsuit and $612.5 million, but is still claiming that the other side cheated. Of course, there's not much "there" there in the accusations. Basically, RIM had representatives who tried to find out what was happening at the USPTO and what the process was for the re-exam. As various patent attorneys outline towards the end of the article, it doesn't appear that RIM did anything wrong here, but NTP is doing whatever it can to try to bloody RIM, even given the fact that it won the lawsuit. What we're seeing here is a case of extreme rent-seeking, where NTP will do pretty much anything to try to keep milking its highly questionable patents, diverting hundreds of millions away from innovation and into the pockets of folks who failed in the marketplace.

34 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick

Thu, Nov 8th 2007 12:14pm


Filed Under:
patents, uspto

Companies:
at&t, ntp, palm, rim, sprint, verizon



NTP's Latest Patent Shakedown Must Wait For USPTO; Why Wasn't RIM Given The Same Consideration?

from the innovation-at-work dept

Even if you just have a passing interest in the topic of patents, you've probably heard of the RIM-NTP case. That's where NTP, a company that ended up with some excessively broad and obvious patents after the inventor was unable to build a product anyone actually wanted to buy, sued RIM, the makers of the wildly successful Blackberry device, claiming patent infringement. The attention the case got caused the US Patent Office to look closely at the patents, and very publicly state that it was rejecting NTP's patents, as they never should have been issued in the first place. However, rather than waiting for the official patent review process to work itself out, the judge in the case pressured the two sides to settle, forcing RIM to cough up $612.5 million for no good reason. It never made sense that the judge refused to wait for the Patent Office to finish its review -- especially since the office had been so public in questioning the validity of the patents.

NTP took its winnings and immediately started looking for others to sue while the patents were still valid. It started with Palm, makers of the Treo. However, in that case, the judge realized what was going on and put the case on hold until the USPTO could make a final decision on the validity of the patents. Not willing to standstill, NTP sued all the national US mobile operators (Sprint, Verizon Wireless, AT&T and T-Mobile) for selling devices like the Blackberry and the Treo. Once again, though, it looks as though a judge realizes that it's ridiculous for such a case to go forward when the USPTO has expressed so much skepticism towards the patents. Against Monopoly lets us know that the judge for the Sprint, Verizon and AT&T case has also put the case on hold until the USPTO is done. What no one wants to explain, however, is why RIM wasn't afforded the same opportunity?

23 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Carlo Longino

Tue, Sep 11th 2007 4:57pm


Filed Under:
patents

Companies:
at&t, ntp, palm, rim, sprint, t-mobile, verizon



NTP's Back, And It's Brought More Lawsuits

from the oh-you-again? dept

Everybody's favorite patent troll, NTP, is back. It, of course, was the company that managed to wring $612.5 million out of RIM, maker of the BlackBerry, for patent infringement -- despite the patents in question being on their way to being rejected by the USPTO after a bunch of prior art came to light. NTP has now sued AT&T, Verizon and Sprint, as well as T-Mobile, for infringing on the same patents. RIM's settlement with NTP was widely believed to protect its carrier customers from infringement suits, but it's likely such protection extended only to their use of RIM products, not other mobile email systems. It's not too surprising that NTP sued, since it's a patent troll and that's what they do, though it's slightly curious since the suits were filed in the same Virginia court, with the same judge, as its previous cases. This includes its earlier suit against Palm, which the judge put on hold until after the validity of NTP's patents is finally assessed. It's likely the same thing will happen here, but NTP probably doesn't care too much -- it's just looking for more leverage to wring undeserved settlements and licensing deals out of anybody it can.

8 Comments | Leave a Comment..

 
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