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Originally Posted by klp45
It just doesn't seem right that a judge can award damages when the validity of the patent(s) is still in question. I always thought that you had to prove infringement to be awarded damages. Hopefully it will come to an end in 2006.
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True. But the case had already been decided, based on the current Patents. They are in the phase where the judge is suppose to levy an injunction or decision as to the penalties. For all that matters to the judge right now is that NTP already won the law suit, and what shoul dbe the damages. If later the PTO office says the patent is invlalid, I suppose RIM would have to sue to recoup damages? Does this make sense or am I totally missing the point?