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NTP: RIM is harming us

Not only does patent-holding company NTP accuse BlackBerry-maker Research In Motion of violating its patents, but it believes that RIM has caused the company harm in doing so. In a brief filed with the U.S. Court of Appeals, Fourth Circuit yesterday, NTP attorneys said their company's business has suffered "substantial harm" because RIM has refused to come to a settlement with NTP. Attorneys for NTP said that because a settlement has not yet been reached, other companies have refused to negotiate royalty licenses from it. In NTP's words, RIM is the "900-pound gorilla in the wireless e-mail industry," and has been "free riding" on its intellectual property. ...

NTP Sues Palm

NTP is back in the news again, and it is a repeat of the past. Now they are after Palm, the makers of Treo. The BlackBerry lover in me cheers that a competitor is being attacked. The rest of me wants someone to stop a company like NTP from attacking other companies over patents. Seven patents are at the center of the suit, five are from the suit against RIM that was settled earlier this year. What are your thoughts on NTP getting back in the news by another patent suit against another smart phone maker? ...

NTP founder remembered fondly

In light of all the criticism BlackBerry patent-infringement accuser NTP has been getting lately, it's interesting to get some perspective on the inventor who started NTP- the late Thomas Campana, Sr. In yesterday's Chicago Tribune piece entitled "Blurry on BlackBerry", writer Mike Hughlett devotes significant space to some of Campana's accomplishments. One section of the piece describes a situation in the late 1980s when AT&T was looking to develop a paging service to help beef up a new product it was preparing to introduce. Murali Narayanan, who was with what was then AT&T Bell Laboratories, realized the internal developmental expertise was available. So he called ESA, a Chicago-based electronics engineering firm owned by Campana that had done some work for a Florida-based paging company named Telefind. Although AT&T did not go with Campana's solution, Narayanan remembers him as "very responsive" to what AT&T was looking for. "Tom was a pure ...

So what happens to NTP now?

Over on CNET, staff reporter Tom Krazit notes recent BlackBerry patent infringement opponent NTP's $612.5 million "war chest," and wonders what the patent-holder will do with all their money. Krazit cites speculation that NTP (founded by the late Thomas Campana Jr., at right) might go after Microsoft, but analysts view that as knd of far-fetched. NTP's first priority, Krazit cites analysts as saying, is that they should first firm up their defense of the patents they hold. "Their first job is to go to work on the Patent Office," Gartner analyst Martin Reynolds tells Krazit. Then Krazit explains Reynold's view one NTP option: to ask the patent re-examiner to amend some of the claims in their patent to make them specific and get around the "prior art" issue that seems to have caused them big problems in the review process. Reynolds then tells Krazit that the most likely end-game is that NTP will eventually dissolve and distribute its cash to its investors. He adds that if NTP ...

Now NTP is Being Sued for Patent Infringement

We all remember when NTP sued RIM and settled for big mullah. And now recently they've sued Palm. Well, now NTP's getting a taste of its own medicine - as we have already reported they're being sued for patent infringement by Oren Tavory, a 43 year old engineer who says he did much of the work that the NTP patents are based on. I don't agree with many of the trivial software patents being thrown around these days, but this one brought a smile to my face when I read it. ...

Speculation: NTP could sue RIM for workaround, too

In a just-posted eWeek piece entitled "RIM Workaround Still Too Vague for Comfort," article author Carmen Nobel asserts that the details of the "workaround" that would be brought to life should BlackBerry services be suspended are inconclusive enough that they could spark legal concern. "The details that RIM released (yesterday) are still vague enough that lawyers can''t say whether patent-holding company NTP, which is suing RIM,will go ahead and sue RIM for the workaround too," Nobel writes. While Nobel does not offer any specific attorney quotes to document her assertion, she does seem to draw that conclusion from a quote she has obtained from Kevin Alexander, a member of NTP's legal team and an attorney with Wiley Rein & Fielding in Washington, D.C. "They (RIM) haven't given enough details sufficient to comment," Nobel quotes Alexander as saying. "They've said they're keeping the technical details confidential." Hmm, I say. Could it be that ...

Inventors Association head states case for NTP

I know that many, if not most of you, have taken BlackBerry-maker Research In Motion's side in their patent infringement dispute with NTP.   But I just received an email from Ron Riley, president of the Professional Inventors Alliance, a 13 yar-old advocacy group for inventor's intellectual property and patent rights. Riley takes the opposing view. And since we are an independent site dedicated to balanced news, I offer his take now. "RIM is in my opinion a Patent Pirate," he writes. "Even if RIM survives the NTP case they were stupid enough to start another patent case (Eatoni) which will probably be just as damaging as the NTP case. We know just how damaging because we helped the inventor make contact with numerous patent enforcement entities." Next, Riley addresses the perception that Judge James Wallace, who is in charge of the BlackBerry hearings, seems to be impatient with RIM.   "Have any of you wondered why the judge in this case is so fed upwith RIM?," ...

Patent expert: current patent law favors NTP

At a technology conference I attended over the weekend, several folks asked me what aspects of the patent law may possibly entitle NTP to seek patent infringement redress from BlackBerry-maker Research In Motion. Being an informed follower of this case but not being a lawyer, I did my best to explain. But in this morning's Richmond (Va.) Times-Dispatch, intellectual property lawyer John Farmer (hey do you suppose he's ever heard a "Farmer John" joke?) does a far better job explaining this than I, someone who didn't quite make it to law school, can. Not part of the BlackBerry case, Farmer is, however, based in Richmond, where Judge James Spencer has been hearing the controversy. So you might want to assume that Farmer not only has topical perspective, but on-the-scene perspective as well. "Under current U.S. patent law, if you prove infringement of your patent in a final decision, you are entitled to an injunction against continuing infringement in the absence of ...

NTP appeals extension sparks RIM stock loss

I'm guessing that today's noticeable (but not sharp) decline in the stock price of BlackBerry-maker Research In Motion was attributable at least in part to the U.S. Patent & Trademark Office giving NTP an extra 30 days to file their defense about the five patents that form NTP's case for patent infringement. With that delay, RIM investors might be feeling that U.S. Appeals Court Judge James Spencer may be even less willing to wait for a final USPTO ruling before he announces some sort of suspension of BlackBerry sales and services in the U.S. as early as February 1. In other words, the timing for a USPTO ruling favorable to RIM meshes a bit less desirably with at least a temporary suspension not happening. And so, trading for the year ends on an uncertain note. An uncertainty reflected in today' s prices: Here's where things stand at the close of today's trading: Nasdaq (RIMM)-  $66.01 a share, down $1.09 ( -1.62%) from Thursday's $67.10 a share close.   Toronto Stock ...

NTP: we'll settle with BlackBerry but on these terms

NTP issued a press release today saying that contrary to what Research In Motion is claiming, the company would be open to a settlement with the BlackBerry-maker. "RIM's public assertions that NTP has not proposed a license that protects its carriers is both disingenuous and intentionally misleading," said NTP.  "It's time to set the record straight: NTP has offered and continues to offer RIM a license that fully protects everyone -- RIM's customers, carriers, and partners. "Our position on this issue is unambiguous and steadfast," the statement added. "It is mystifying to us how anyone could state otherwise. As such, NTP remains open to hearing any specific issues RIM has with our proposed agreements." The statement then reiterated proposed settlement terms that NTP maintains it has already offered RIM. Essentially, the terms say that if RIM signs a licensing agreement with NTP, then NTP will not sue RIM or its carrier partners. The Read link below this post ...

Here's NTP's settlement statement

Here's the full text of NTP's press release issued this evening about the patent infringement settlement with BlackBerry-maker Research In Motion: NTP Incorporated and Research In Motion (RIM) (Nasdaq: RIMM; TSX: RIM) today announced that both parties have entered into a settlement agreement and a license which will end the patent litigation currently pending in the United States District Court for the Eastern District of Virginia. Under the terms of the settlement, RIM will make a one-time payment to NTP of $612.5 million. In return NTP has granted RIM a license which will enable RIM to continue its BlackBerry-related wireless business. Donald E. Stout, NTP's co-founder (shown at right) said, "We are pleased to have reached an amicable settlement with RIM. We believe that the settlement is in the best interests of all parties, including the US Government and all other BlackBerry users in the United States. We remain grateful to the U.S. District Court for the Eastern District of Virginia for ...

RIM: USPTO has rejected two more NTP patents

BlackBerry-maker Rsearch In Motion said yesterday that the U.S. Patent & Trademark Office has ruled against two more NTP patents that are at the crux of the dispute between NTP and RIM. Rim said the U.S. Patent and Trademark Office has issued "non-final actions" rejecting claims for two NTP patents "The Patent Office's latest rulings corroborate RIM's long-standing contention that the NTP patents are invalid and the rulings also demonstrate that the Patent Office is acting with special dispatch to address the court's concern and the public interest," RIM vice president of corporate marketing Mark Guibert said in a statement. ...

NTP: RIM used "political influence" with USPTO

Patent holding company NTP Inc. said today that BlackBerry-maker Research In Motion has mischaracterized the validity of its patents, which are at the heart of a legal fight that threatens to shut down RIM's U.S. BlackBerry sales and services. In a press release, NTP added that there were several "irregularities" from the U.S. Patent Office, which is reviewing the contested technology. "RIM's assertions that the patents have been invalidated are flatly wrong,"  the statement said. "NTP has confidence that the Patent Office Board of Appeals should correct the patent examiners who have made serious mistakes in their initial determination and this correction will result in NTP's patents being upheld," the press release adds. "Moreover, any decision of the Board of Patent Appeals is correctable by the federal courts. And, as previously noted, the federal court system is the final arbiter in the matter. "NTP believes that RIM has utilized its money, ...

This man helped NTP pinpoint the $612.5 million settlement

You probably think I am talking about one of patent-holding company NTP's attorneys. Well no, not exactly. I am referring to an NTP expert witness by the name of Terry Musika. In a press release that went out yesterday under Musika's name, he notes that precedent for the $612.5 million settlement agreement announced last Friday was first established back on November 2, 2002. It was then that after a jury in the Eastern District of Virginia found that BlackBerry-maker Research In Motion had willfully infringed on NTP's U.S. patents, the jury awarded NTP damages based on what was deemed a "reasonable" 5.7 percent royalty rate. The rate was articulated to the jury by Invotex Group CEO Musika, a CPA who is a veteran expert witness in technology cases. In turn, the rate computed to $450 million, which was the base amount of the $612.5 million settlement agreed to last Friday by RIM and NTP. ...

USPTO gives NTP extra 30 days to file patent defense

The online edition of The Wall Street Journal reports this morning that patent-holding company NTP Inc. has been granted a 30-day extension from the U.S. Patent and Trademark Office, giving it more time to file a defense of patents at the center of its lenghy battle with BlackBerry-maker Research In Motion. A Patent office spokesman said the agency intends to complete its final review within 10 weeks. The delay comes less than two weeks after the patent office took the unusual move of fast-tracking the NTP re-examination process because of the court case. A Patent office spokesman said the agency intends to complete its final review within 10 weeks. NTP co-founder Donald Stout told the  WSJ's Elena Cherney that NTP expects to file their deefense before the 30-day extension is up. "We're not trying to slow it down," he said. "Our view is, let's get on with it. We want to go as fast as possible." ...

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