Patent office issues final rejection of one NTP patent
by Marc Perton 
posted Feb 22nd 2006 at 1:44PM
It may
not make any difference to the judge hearing the RIM/NTP case -- Judge James Spencer has said the patent review process
should have no bearing on his ruling -- but execs at RIM must
be breathing at least a small sigh of relief now that the US Patent and Trademark Office has issued a final rejection
of one of NTP's patents. The PTO had previously issued preliminary rejections of all five of the patents at issue in
the case. Pundits (and, no doubt, RIM brass) are now saying that the decision might convince Judge Spencer to delay his
ruling on whether or not to enforce an injunction that could shut down all BlackBerry service in the US as early as
Friday. We think not. This is Spencer's 15 minutes of fame, and he knows that to really milk his moment in the
spotlight, he's got to do something bold on Friday, and allowing things to drag on definitely isn't bold.
Filed under: RIM
Reader Comments (Page 1 of 1)
Jake K @ Feb 22nd 2006 2:08PM
RIM needs a new judge. Either Spencer is a fool, or he has a major agenda.
SF SJ @ Feb 22nd 2006 2:30PM
Or, most people don't understand the intricacies of IP and patent law.
Don't get me wrong, NTP are a bunch of opportunists in my book. That's not the point of the law (and I don't know the point of law they are pursuing). I do know that patent law is so arcane and detailed that only the very foolhardy indulge in trying to figure it out without at least 3 good patent lawyers on retainer.
David Dundas @ Feb 22nd 2006 2:32PM
This whole thing is ridiculous. We all know they aren't gonna shut it down. I wonder whether the judge has a blackberry or not...
Tracy L @ Feb 22nd 2006 2:49PM
I thought I read in a past article that when the judge rules, there would still be a 90-day lead time before the injunction activated. Is this not true?
Alcaron @ Feb 22nd 2006 3:01PM
I've said it before and I will say it again.
How does Engadget explain that after running countless anti-NTP stories they run a story on a rather eye-opening piece regarding NTP, one that seems to shirk the "opportunistic assholes" image NTP has, saying in their very own post that it is eye opening and almost makes you want to root for NTP (a sentiment I share after having read some of the things coming from both sides, not the least of which being a few arrogant and choice remarks made by the RIM founder), and then follow it up a day or two later with another post blasting NTP and continuing that tradition right on up till today.
And NOW you are even insinuating that the judge is, for all intents and purposes, corrupt, and just using this incident to milk the spotlight.
Pretty bold claim from a bunch of blog writers who can't even keep their own site consistent.
Get any checks from RIM lately?
the undude @ Feb 22nd 2006 3:36PM
There's no knowing what will happen. That's why all of corporate america hass been working on Plan B for the last weeks.
At this point, most of them are geetting a good handle on the problem, created a plan, estimated a budget and timeframe for whatever is in their Plan B.
RIM's workaround is too vague right now compared with other available technology.
My guess is Windows Mobile devices and HP, with it's enterprise sales model, will do well here IF there is a shut down.
Of course, maybe RIM has a great workaround that is easy to put in place. I hope we never need to find out!
Coasterjob @ Feb 22nd 2006 3:38PM
HEY #5, this isn't a news outlet, it's exactly what you said, a Blog! They don't have to be consistant. They just log what they read on the web, hence a weblog...
If you want news, please see the Wall Street Journal or foxnews.com
If you want gadget news, see www.engadget.com, P Torrone never intended this site to be news..
Alcaron @ Feb 22nd 2006 5:13PM
#7 So that gets them off every hook then?
Like it or not they are helping spread that view of NTP, at some point when enough people start reading what you write some level of responsibility (or at the very least credibility) comes into play.
And might I remind you this site is billed (via the banner on engadget.com) as "NEWS and reviews".
Your right though, I apologize, I have no right to question your beloved. No right to ask what exactly is going on when a popular voice on the gadget scene (and this would seem to me to be directly applicable) seems to be snowing under NTP, accusing a judge of impropriety, and seemingly completely ignoring one of their own posted articles.
I'm a whackjob, I apologize.
Stephen Skarlatos @ Feb 22nd 2006 7:23PM
"This is Spencer's 15 minutes of fame, and he knows that to really milk his moment in the spotlight, he's got to do something bold on Friday, and allowing things to drag on definitely isn't bold."
I think this is a little over the top, he is just trying to follow the law as written. That is what Judges do. The problem is that the law is broken and congress, to date has failed to agree on a new software patent law. The NTP patent should never have been given as I mentioned on my blog http://www.mydigitallife.us/2006/02/wireless_email_.html
Craig Johnston @ Feb 22nd 2006 8:31PM
You could also get an interesting perspective on the RIM vs NTP case on this podcast.
http://mca.libsyn.com
Drew @ Feb 23rd 2006 11:29AM
Can someone help me understand how the PTO invalidating the claim of patent infringement "may not make any difference to the judge hearing the RIM/NTP case"
If the PTO says RIM isn't infringing on NTP ... how can there even BE a case??