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stories about: "rim"
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
innovation, patents, wireless email

Companies:
good technology, rim, visto



RIM Pays Out Again Over Patents

from the how-dare-you-try-to-do-wireless-email dept

The patent battle between RIM and NTP is considered something of landmark in alerting politicians and the general public to just how ridiculous the patent situation is these days. There was, however, an interesting sidenote on this. As part of its attempt to show that its own patents were valid, NTP convinced a couple other companies to "license" the patents -- except the details showed that NTP "invested" in each of these companies at the same time. That certainly looks like NTP paying a company to license its patents, just to make it looks like there were some legitimate licensees. Two of the companies that NTP did this with were Visto and Good Technology. Having licensed NTP's patents, Visto, at least, took a lesson from NTP and became an aggressive player in the patent lawsuit game, trying to mimic NTP's success by suing RIM as well.

There is no way to describe this other than sour grapes. Visto tried to play in the market and was a pretty big (and massively expensive) failure. RIM, on the other hand, was able to create a product that people wanted and build a good business on it. This wasn't by copying Visto's (or NTP's) ideas, but better understanding the actual market and creating a good product itself. Visto failed to do that. So, in turn, it just sued and demanded cash from the company that was able to innovate. Recently, Visto also purchased Good Technology (another NTP licensee) from Motorola (who had purchased it earlier), likely adding more patents to the portfolio.

Either way, it looks like RIM has finally grown tired of the game and has agreed to pay Visto $267.5 million. It's less than the amount NTP got, but it's still a hefty chunk of change. And, for what? For being the loser in the market place. This is a tax on innovation. The loser in the marketplace forces the winner to hand over a nice chunk of profits. It's bad for everyone (except some lawyers and Visto shareholders).

31 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
hiring, laid off, noncompetes

Companies:
motorola, rim



Motorola Trying To Block Competitors From Hiring Workers It Laid Off

from the insult-to-injury dept

We already think that noncompete agreements don't make sense for companies, but Motorola may be taking the concept to a new level. Rather than trying to stop employees from leaving Motorola to go to a competitor, it's now trying to stop employees it already laid off from going to work for RIM. Motorola had already sued RIM earlier this year for trying to entice employees to jump ship, and this followed another suit by Motorola against Apple for hiring away an exec. Maybe rather than trying to prevent employees from going elsewhere, Motorola might want to focus on improving its own offerings and its own working conditions so that this isn't even a problem? But if it's laying people off, it seems rather ridiculous to then try to stop them from joining another company.

23 Comments | Leave a Comment..

 
The Market

The Market

by Mike Masnick


Filed Under:
blackberry storm, economy, lines

Companies:
rim



Economy Not So Bad That People Won't Line Up To Buy A New Gadget

from the phone-lines,-not-breadlines dept

So, the economy is collapsing, consumer spending is way down, banks and auto companies are on the verge of going out of business, unemployment is up, foreclosures are up, and some might have you believe that we're heading back to Great Depression style bread and soup lines. Luckily, it looks like we're not quite there yet, as plenty of folks seemed willing to line up, not for some free grub, but to get the latest hot new phone, the Blackberry Storm. Apparently, we haven't quite entered Great Depression territory yet.

31 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


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


Filed Under:
employees, mobile phones

Companies:
apple, motorola, rim



Dear Motorola: Instead Of Suing Competitors, Maybe Figure Out Why Employees Are Leaving

from the blame-everyone-else dept

As a company, if things aren't going well, it's often difficult to accept that some of the blame may be on your end -- which makes it especially easy to lash out at competitors, assigning blame to them. This becomes troublesome when it starts to involve lawsuits. Just a couple months ago, we noted that Motorola was suing a former exec for jumping ship to Apple. And, now the company is suing RIM for getting a bunch of Motorola employees to leave Motorola and join RIM. To any outsider, it seems clear that Motorola has some problems that make it so employees are tempted to jump to other companies. But rather than focus on figuring out how to fix that, and make things such that employees want to stick around (making cooler phones might be a good place to start), it's lashing out at competitors who are more appealing to Motorola's own employees. In the meantime, Motorola might want to check out the research that shows the free flow of employees between competitors helps spread innovation across the entire market. In other words, stop suing people because your employees are leaving, and start figuring out ways to make employees want to work for you.

25 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
patents

Companies:
rim, wi-lan



RIM Pays Off Wi-LAN To Get Rid Of Another Patent Suit

from the losers-litigate dept

Wi-LAN is a Canadian company that did some early work in the wireless field, but was unable to actually make much of a business out of its work, so it took the loser's route: it started suing lots of companies for patent infringement. It's the same old story: winners innovate, losers litigate -- and litigate seems to be about all that Wi-LAN does these days. Recently, Wi-LAN targeted RIM, another Canadian company, who famously was pressured to cough up hundreds of millions in another patent battle to NTP a few years ago. These days, RIM seems to have learned an unfortunate lesson: it's easier to just pay up whoever sues you for patent infringement, no matter how legit (or not) their claim is.

So, it should come as no surprise that RIM has agreed to pay off Wi-LAN to make the lawsuit go away. No details were released, but given that Wi-LAN put out a separate press release saying that its "earnings" (a misnomer if there ever were one) for the quarter should be between $24.5 million and $25.5 million from the previous guidance of $15 million to $20 million you can take a guess how much this cost RIM. Definitely cheaper than a lawsuit, though this will only encourage two bad results: Wi-LAN will keep suing companies that actually do something, and more companies with questionable patents on wireless technologies will line up to get some cash from RIM. This isn't encouraging innovation. It's encouraging extortion.

13 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
canada, east texas, patents

Companies:
rim, wi-lan



Wi-LAN Sues RIM: Two Canadian Firms Duke Out Patent Fight... In East Texas, Of Course

from the ah,-east-texas dept

Turns out that Canadian patent holders love East Texas just as much as American companies. The news today covers how Canadian wireless patent holder Wi-LAN has now sued RIM in East Texas, concerning patents on mobile handheld devices. RIM is also a Canadian company (and also heavily involved in patent disputes). Isn't it great to see two Canadian firms choosing East Texas as the best place to fight over patents?

Wi-LAN is a company that we've discussed in the past. It worked on some technologies for wireless networks, but was unable to successfully market products commercially. In other words, it failed in the market. So, instead, it started focusing on aggressively enforcing its patent portfolio, suing a ton of companies who did anything wirelessly. As with so many public companies that turn into patent hoarders these days, it also has a very vocal and active set of day traders who will defend it to no end (see the comments on that link above).

RIM, of course, is also a well known company that we've written about many times. The maker of the super popular Blackberry wireless device, it became an aggressive filer of patent infringement lawsuits. That, in turn, led some patent holders from a non-practicing entity called NTP to sue RIM over some other patents -- eventually leading to a $612.5 million payout by RIM (despite the fact that NTP's patents were found to be invalid).

This latest case seems like it ties together so many different stories. You've got a failed business trying to use its patents to hold back the company that won; it's got Wi-LAN who has been aggressively trying to tax just about every wireless innovation with its patents; it's got RIM, who has been on both sides of a ton of questionable patent lawsuits; and it all takes place in East Texas. Who could ask for anything more?

28 Comments | Leave a Comment..

 
Email

Email

by Mike Masnick


Filed Under:
email, patents, wireless

Companies:
rim, visto



Patent Battles Continue Over Wireless Email

from the make-it-stop dept

While RIM is often portrayed as a victim for having to pay out $612.5 million in the patent infringement lawsuit filed by patent holding firm NTP, what gets less attention is that part of what kicked off NTP's lawsuit was the fact that RIM itself was going around suing pretty much everyone for patent infringement itself. And, of course, that kicked off all sorts of copycats, such as Visto -- a company that clearly learned the art of wielding patents against more successful companies from NTP. Visto and RIM ended up in quite the patent battle, with Visto even claiming that RIM should be shut down.

But, in the end, rather than the other way around, it turned out that it was Visto that was found to be infringing on RIM's patents. At this point, though, hasn't anyone realized how ridiculous it is that there are so many companies claiming to hold patents on some aspect of "wireless email" that no one can enter the space without having a bunch of infringement lawsuits waiting for them? This is not what the patent system was designed for.

4 Comments | Leave a Comment..

 
Email

Email

by Mike Masnick


Filed Under:
blackberry, email, encryption, india, snooping

Companies:
rim



RIM Tells India That It Simply Cannot Snoop On Blackberry Email

from the so-sorry dept

A few months back, we noted that the Indian government was demanding that RIM let government officials snoop on emails sent via Blackberry devices, or they would be banned in India. I'm not sure why it took so long for RIM to point this out, but it finally has explained to the government the nature of its encryption scheme which means that RIM itself cannot decrypt messages sent via the network, since they're based on an encryption key set up by the end user. It's not clear how India is going to respond, though the article notes the two sides are "talking."

33 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
trademark

Companies:
rim, twitter



Why Is RIM Trying To Block The Trademark On Twitter?

from the twitter-your-answer dept

IP Democracy points us to the news that RIM, the maker of the super popular Blackberry device and service, is apparently trying to block Twitter's trademark application on the name Twitter. Twitter, of course, is the also quite popular online messaging/presence solution. While both the Blackberry and Twitter have been subject of accusation of being addictive, it's difficult to figure out what possible cause RIM could have in blocking the trademark. RIM doesn't appear to have any trademarks on anything similar to Twitter already, and no one seems to have come up with any suggestions on any other reason why RIM might have cause to block the application. Even if RIM has some reason to oppose Twitter, the lack of it being obvious suggests that the whole thing is quite questionable and RIM would be better served letting the matter drop.

8 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
blackberry, innovation, nuclear war, patents

Companies:
motorola, rim



Motorola: Since We're Not Innovating, We'll Litigate Over Patents

from the suing-RIM dept

We recently noted the challenges facing Motorola, as it's been unable to continue to innovate in a way that customers desire in the handset business. Unfortunately, it looks like Motorola is choosing the all-too-common strategy among those who fail in the marketplace: they start suing for patent infringement. Motorola has now decided that since it hasn't been able to beat RIM's Blackberry in the marketplace, it's simply going to sue the company for patent infringement instead. Of course, as in any good patent nuclear war, RIM has fired back with its own patent infringement countersuit, meaning that both companies will be tied up with lawyers and judges, throwing away money that could have gone towards actually innovating and actually competing in the marketplace.

8 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by Mike Masnick


Filed Under:
blackberry, outage, software upgrade

Companies:
rim



Once Again, RIM Blames Upgrade For Outage; Time To Do Weekend Upgrades

from the just-a-suggestion dept

Last year when RIM's Blackberry service had a major outage, the company blamed a software upgrade, which made many folks question why RIM would be doing a major software upgrade in the middle of the week. Since most Blackberry users are corporate users, it would seem to make sense to do upgrades over the weekend -- or at least late at night. So, with this latest outage, it's a bit surprising to see RIM fall back on the old "software upgrade" excuse again. The company doesn't say that's definitely what happened, but suggests that's what caused it, failing to explain why the company would run an upgrade in the middle of the afternoon on a weekday.

15 Comments | Leave a Comment..

 
Wireless

Wireless

by Mike Masnick


Filed Under:
addiction, blackberry, centralized services, mobile email, outage

Companies:
rim



RIM Toys With Blackberry Addicts Again; Cuts Off Users For 3.5 Hours

from the want-to-stay-connected? dept

Last April, RIM woke many Blackberry users up to the idea that they might be Crackberry addicts by having the system go offline for a few hours overnight. It's amazing how people recognize just how dependent they are on a service once it goes away. The eventual excuse given by RIM (a botched software upgrade) was unconvincing. However, there hadn't been any more outages, so questions about the service died down. However, with widespread Blackberry outages Monday afternoon, lasting about three and a half hours, impacting all mobile operators, some of those questions are going to be raised again. The Blackberry system involves all traffic going through RIM machines, and a cascading problem across those machines can certainly cause quite a bit of trouble. At some point, people are going to start asking if there isn't a more robust, distributed way of offering a Blackberry (or Blackberry-like) service that would be more immune to these types of issues.

29 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
patents, smartphones

Companies:
apple, at&t, helio, hp, htc, motorola, nokia, rim, samsung, sony ericsson, sprint, utstarcomm



Smartphones Patented... Just About Everyone Sued 1 Minute After Patent Issued

from the wasting-no-time dept

This past Tuesday, the US Patent and Trademark Office issued a patent on "a mobile entertainment and communication device." Reading the patent, you realize it describes the quite common smartphone. It's a patent for a mobile phone with removable storage, an internet connection, a camera and the ability to download audio or video files. The patent holding firm who has the rights to this patent wasted no time at all. At 12:01am Tuesday morning, it filed three separate lawsuits against just about everyone you can think of, including Apple, Nokia, RIM, Sprint, AT&T, HP, Motorola, Helio, HTC, Sony Ericsson, UTStarcomm, Samsung and a bunch of others. Amusingly, the company actually first filed the lawsuits on Monday, but realized it was jumping the gun and pulled them, only to refile just past the stroke of midnight.

As the link above explains, the patent itself is based on a bunch of continuation filings, which are commonly used by patent holders who want broad patents to cover the latest technologies well after they've already come about in the market. It would seem like the concept itself, merely combining a bunch of things that people were already talking about, should never have been granted based on the Supreme Court's recent KSR ruling that merely combining existing concepts doesn't deserve a patent. Also, as noted in the comments to the link above, it would appear that there's a fair amount of prior art. In fact, Apple even sent over some prior art concerning the patent just before it was originally supposed to be issued last summer -- but somehow patent holder's lawyers talked their way around it. In the meantime, it looks like we've got yet another case of an overly broad and obvious patent being used against a huge number of firms. I'm sure that's exactly what Thomas Jefferson expected when he created our patent system.

89 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
black cherry, blackberry

Companies:
lg, rim



Yes, Calling A Phone The Black Cherry May Confuse People Into Thinking It's Related To The BlackBerry

from the no-argument-here dept

While we're often quite critical of frivolous trademark lawsuits that are clearly designed to to shut someone up or to try to squeeze money out of someone, there are times when trademark lawsuits are quite well justified. As we've said repeatedly, the real purpose of trademark law isn't about "intellectual property" at all -- but rather, it should be viewed as a consumer protection law. That is, it's really designed to keep Bob's Cola from packaging its bottles up so that people are tricked into thinking they're buying Coca Cola. So, with that in mind, it would seem that RIM has a pretty strong trademark case against handset maker LG, who has been trying to sell new phones with names like Black Label, Strawberry and Black Cherry. The "Black Label" one is more borderline -- as it's hard to see that RIM should be able to control the use of the word "Black" as it relates to any mobile device. However, it's not hard to see people hearing names like Strawberry and Black Cherry on a mobile device and simply assuming that they're somehow related to RIM's BlackBerry. Even worse, LG had apparently wanted to call one of its new devices the BlackPearl -- which is really sketchy, seeing as RIM is offering a device called the BlackBerry Pearl. On this one, we'd say that even the moron in a hurry test suggests that people would be confused into thinking that some of these LG phones were from RIM.

30 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


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


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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