RIM Update on Patent Reexamination hearing
RIM Provides Update on Patent Reexamination Proceeding
WATERLOO, Ontario--(BUSINESS WIRE)--Feb. 1, 2006--Research In Motion confirmed that it received a copy today of a ruling issued by the U.S. Patent and Trademark Office in the Director-initiated inter partes reexamination of NTP, Inc. Patent #6,317,592 ('592 Patent"). This ruling, described by the Patent Office as an Action Closing Prosecution, is comparable to a Final Office Action in ex parte reexamination proceedings at the Patent Office. This ruling from the Patent Office maintains the outright and complete rejection of all claims in the '592 Patent, which includes five of the seven claims that RIM was ruled to have infringed by the Court of Appeals for the Federal Circuit in August, 2005. In addition the ruling confirmed that no grounds for patentability of the '592 Patent were found by the Patent Office in the course of its reexamination. As a result of this ruling, NTP's prosecution of claims in the reexamination of the '592 Patent is now closed and under these circumstances NTP may not submit new subject matter to the Patent Office for consideration. Similar to Final Office Actions in ex parte reexaminations, NTP may provide commentary to the Patent Office, but the Patent Office is expected to issue a Right of Appeal Notice following a 30-day response period at which point NTP will have the right to appeal to the Patent Appeal Board. In all of the Patent Office rulings to date relating to the reexamination of all eight of the NTP patents, NTP's arguments on the merits of patentability have been rejected by the Patent Office. It is anticipated that the Patent Office will continue its reexamination of NTP's remaining patents with special dispatch leading to Final Office Actions. All of the remaining NTP patent claims have now been rejected by the Patent Office in initial and second Office Actions, based in part on prior art not considered in the 2002 trial in the United States District Court for the Eastern District of Virginia. |
Looks like NTP's "legs" are becoming increasingly less stable in terms of their patents. Here is another article regarding this that I found.
http://www.msnbc.msn.com/id/11130935/ Here is my question though. I understand that the NTP vs RIM and the US Patent Offices reviews of NTP patents are two seperate cases. But how can Judge Spencer be allowed to simply say "I will not wait for the patent office and the case will move at the speed I dictate?" I am no legal expert and I am sure there is an explination, but it seems to me that it is somewhat "bias" and not really allowing for due process to just decide things in the manner Judge Spencer is. Just curious on what the thoughts are regarding to that. I mean, if I were a judge sitting in his place realizing what is at stake if I were to rule in favor of an injunction, I would want to take a long hard look at the basis for NTP's suit was, no matter how long it took. Or in other words, at least wait and listen to what the Patent Office has to say. I guess is it just my personality, but I would definately not be willing to award any money to a company who creates nothing (no products) and who's patents (after todays Pantent Office ruling) apparently have very little to do with the technology world we are in today,. |
Good point. Even if Judge Spencer did rule before the patent office reached a conclusion, which I highly doubt, then it would take less than an eye blink for an appeal to be filed, or at least it would if I were in RIM's position
|
This is very good news indeed!!!
|
Quote:
|
I think NTP is just sore and upset because they had and idea, couldnt get it going quick enough and was forced to watch RIM make all of this money and become successful. No chance in hell i'd give them any cash
|
Quote:
|
Quote:
|
I can see it now.....
"THE NTP CORNER" |
Quote:
And yes, we could call the forum BlackberryForever.com. It could be specially designed for those who worked with NTP throughout this whole litigation. And yes we would be giving them information they request...but only if they pay, Blackberryforums.com already has the patent on those answers, and that will hold up in court! |
Quote:
|
Could be a power trip. Sounds like he was trying to sound powerful authoritative. There is a lot of attention surrounding this case. Just makes him look like and idiot if you ask me.
|
That is true. There has to be some kind of check and balance though to prevent this kind of thing. I mean I guess you could view the appeal process as that, but then just like you said, he looks like an idiot.
|
I predict a shut out for RIM in this whole matter. What could they possibly appeal about. Patents to vague. plain and simple, appealing only wastes more money and time. But the CNN article did make a good point. This could be beneficial to RIM. Regardless of the issue, RIM is getting noticed and more people are learning (if they havent already) what a bb is.
|
Quote:
|
If I am remembering everything correctly this is why:
Spencer is ruling on RIM's last possible appeal. RIM already lost this suit back in 2002 and this is their final appeal as the supreme court denied RIM's request to escalate it to them. Now I'm no expert on the legal system but I would think that you should be able to win an appeal if information comes to light that proves you never should have lost in the first place. Personally I think Spencer came off sounding like an ass. I mean come on, you're a judge, this is your job. If you are gonna get pissy about people asking you to do your job then maybe you shouldn't be in that job. Still I'm fairly confident that justice will fall flat on it's face and that RIM will lose the appeal even in the face of this new evidence. I doubt the injunction will ever make it to the enforcement phase though. |
No shut out, like in hockey, no goals for the opposing team.
I just dont understand what NTP could possibly think they would gain from appealing the patents office decision?! |
Yeah I am not sure where this will go. I don't think RIM will be forced to shutdown. But I agree with PingGuy that the legal system is not always at its finest and this could be one of those times where it just fails to serve its purpose.
|
Is it possible that RIM could counter-sue NTP and claim damages for the potential customers that were scared away form possibly purchasing a BB but heard the rumors and went with a different device?
|
Possible and if it were me, likely
|
All times are GMT -5. The time now is 09:06 AM. |
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.