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RIM Announces Workaround in NTP Case

Posted by Zonk on Thu Feb 09, 2006 11:06 AM
from the holding-up-the-sky-like-atlas dept.
Patents Communications Government The Courts News
Justin Michael writes "RIM announces they have a software solution in the event that the courts rules in favor of NTP. The fix is called their multi-mode edition. Customers are being told that they do not need to take action yet, but would need to install the multi-mode edition on both servers and handhelds." A Reuters article also covers the announcement. From that article: "The company said it will soon begin shipping handsets with the software update in a dormant mode. It will make the update available at www.blackberry.com/workaround at a later, but as yet unspecified, date. RIM said the changes would require software updates, but the new system will deliver the same functions and performance."
+ -
story

Related Stories

[+] Another NTP Patent Invalidated 104 comments
darkmeridian writes "Bloomberg reports that the PTO has granted a non-final rejection of a third NTP patent asserted against Research in Motion in the Blackberry litigation. Five patents have been asserted against RIM, and only one of the three rejected has been found to be valid and infringed. Yet this development helps RIM as it seeks to avoid an injunction against operation of the Blackberry network pending appeal."
[+] RIM - The Whole Story 262 comments
khendron writes "The Globe and Mail has published an article titled Patently Absurd, detailing the whole history of the RIM vs. NTP wireless war. It is a blow by blow account of how a dispute that could have been settled for a few million dollars is now 'a billion-dollar dagger hanging over RIM.' The article reads like a fairy-tale of egos, legal blunders, and patent stupidity."
[+] Blackberry Injunction Postponed 166 comments
Astin writes "The PTO has rejected the last of the NTP patents against Research in Motion. On top of this, Judge Spencer has decided that Blackberry service won't be shut down today, but he will issue a decision on the injunction 'as soon as reasonably possible.' RIM CEO Jim Balsillie just said on CNBC that it's 'quite possible' that NTP won't see any settlement from RIM at all now."
[+] RIM Settles Long-Standing Blackberry Claim 295 comments
David Jao writes "Research in Motion has agreed to pay 612.5 million dollars for a 'full and final settlement of all claims' resulting from the NTP patent lawsuit against the makers of BlackBerry. According to the article, the settlement is 'on the low end of expectations', perhaps because the patents in question had earlier been preliminarily ruled invalid by the US Patents & Trademarks Office." Many article submitters characterize this move as 'giving in' to NTP's tactics. What do you think?
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RIM Announces Workaround in NTP Case 50 Comments More /

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  • Watch Out RIM: (Score:5, Funny)

    by slashbob22 (918040) on Thursday February 09 2006, @11:07AM (#14677871)
    Just when you thought you were safe, another patent was approved:

    Patent 6666666:
    Title: WEW (Wireless Email Workaround)

    Abstract: A method of using wireless email in another fashion different than the original infringing one.

    What is claimed:
    1. Send Email Differently
    2. The method of claim (1) used to "workaround" another method.

    This one is so generic it must be airtight.
  • I guess their employees won't be losing their RIM jobs after all.

  • maybe i'm wrong? (Score:4, Informative)

    by rwven (663186) on Thursday February 09 2006, @11:10AM (#14677927) Homepage
    Maybe i'm wrong, but i could have sworn they (RIM) came out with this information several weeks ago...

    Does anyone else remember seeing this elsewhere?

  • Same functions and performance? (Score:5, Insightful)

    by Ctrl-Z (28806) <tim AT timcoleman DOT com> on Thursday February 09 2006, @11:12AM (#14677953) Homepage Journal
    RIM said the changes would require software updates, but the new system will deliver the same functions and performance.

    If that's the case, why haven't they switched already?
    • I cannot say for certain, but given the current perilous status of the NTP patents, it may just turn out to be unnecessary. It seems the Patent Office is overturning these things, but operating even more slowly than the courts.

    • Re:Same functions and performance? (Score:5, Interesting)

      by Lendrick (314723) on Thursday February 09 2006, @11:17AM (#14678026) Homepage Journal
      Two possibilities come to mind:

      1. Don't mess with a working system if you don't have to. There may be bugs in the new one, and why expose your users to that unless it's absolutely necessary?
      2. Maybe the new process requires more computing power on the server end.
    • Because that's sending the message of "Hey, guys it's cool! We won't infringe your patent anymore!"
      It's capitulating. You don't give in and change your product just because some guy says he thinks his patent covers your product. You research it, fight it, and THEN if you lose, you've got to change.
      They're just covering their butts IN CASE OF. I think that's wise.
    • An update is required for each handheld, and to each Blackberry Enterprise Server.....

      They have a plan in case they are told to shutdown until they can stop infringing the patent.
      The finger is over the button but only the court will press it.
    • I would guess because
      1) It took them time to test the fix.
      2) They would prefer not to require software updates unless they have to as there is always the "chance" of problems.
    • Easy. Patent is on radio-based "push" e-mail. Obvious workaround? Go to a polling system. Downside? Significantly reduced battery life.
      • Easy. Patent is on radio-based "push" e-mail. Obvious workaround? Go to a polling system. Downside? Significantly reduced battery life.

        How does that equate to "the same functions and performance"? I have a feeling that they're not telling the whole story.
    • Because they don't want to unnecessarily force their corporate customers to upgrade their server-side software? Or to unnecessarily obsolete any unupgradable devices? Just a concept.
    • If that's the case, why haven't they switched already?

      It was 3:27 am and Gerry was staring at the little screen, held lovingly, in the palm of his hand. "Oh sweet giver of information!" he breathed, watching the tiny print roll by on his screen. And then, without warning, the characters on the screen began to change, to morph into indecipherable icons. Promptly, the screen went blank, and then new words appeared... "SYSTEM SHUTDOWN. UPGRADE COMMENCING. ESTIMATED DOWNTIME: 17 Hours." Gerry's eyes went wide

  • Damn. (Score:5, Insightful)

    by mrchaotica (681592) on Thursday February 09 2006, @11:14AM (#14677979)
    I was really hoping that this patent dispute would destroy the company -- not because I don't like RIM, but because it'll take something that drastic to get the government's head out of it's ass and notice how fucked up our patent situation is.

    Sigh -- I guess we'll just continue on riding the status quo to oblivion, then...

    • Re:Damn. (Score:5, Funny)

      by kfg (145172) on Thursday February 09 2006, @11:18AM (#14678043)
      The problem being that the government has had its head up its ass for so long that it has come to believe that's where it belongs and defends the position.

      KFG
    • Just be patient. It is going to happen. Just not now with RIM.
    • Actually the whole patent office is going to be overhauled in two or three years according to the patent attorney I was with in Silicon Valley last week.
    • I was really hoping that this patent dispute would destroy the company -- not because I don't like RIM, but because it'll take something that drastic to get the government's head out of it's ass and notice how fucked up our patent situation is.

      Do you honestly think the US govt cares about a Canadian company?


  • Can't wait (Score:4, Insightful)

    by hoomank (748224) on Thursday February 09 2006, @11:17AM (#14678032) Homepage
    Until RIM crushes those patent trolls. Without giving them a dime.
  • ...a system for wasting the time of large companies (and putting small ones out of business).

    Hey, maybe I should patent that!
  • The algorithm does NOT multiply by 2, as stated in the patent. It multiplies by 3, and then substracts the original! As you can see, it's A COMPLETELY DIFFERENT ALGORITHM!

  • Real justice (Score:3, Interesting)

    by casualsax3 (875131) on Thursday February 09 2006, @11:47AM (#14678452)
    It would be awesome if RIM could not only beat NTP on the patent issue, but go back at them and sue for damage done to their image and stock.

  • I bet the guys at NTP are slapping their forehead, saying "DOH!", and thinking
    'Ya know.. we probably should have settled for boatloads of money when he had
    the chance'.
  • I know many here are siding with RIM "by default" because of some philosophical kinship with those who are fighting against patents or whatever, but everything I have read about this case says that RIM have been complete asshats in all of this. On several occasions they had the opportunity to settle for far less money, and they kept escalating and escalating the situation. If you dislike patents, fine - argue agains the patent system in general. But given that it is the law /and that RIM had more than ad
    • I think you are missing the point. NTP is trying to claim that they are due money because they hold a piece of paper that says that they were doing it first. The problem is, NTP doesn't do anything but hold pieces of paper.

      RIM is saying, "We don't owe you anything. You should never have received those pieces of paper, and we will make sure that the issuer investigates the matter."

      The USPTO is invalidating the patents left and right. If (and likely when) the patents are all gone, NTP won't have a leg to
    • Not so. RIM never settled because the claims NTP has against them are bullshit.

      I'm actually quite impressed that they didn't roll over and just cut NTP a check to make them go away, as I'm sure a lot of companies (and people) would be wont to do.

      RIM has played the game very well. The only criticism I've heard of them at all is that, in the past, they were quite aggressive in using their own patents to keep other people out of the portable-email market, so to a certain extent they're getting bitten in the ass by their own tactics. But at least when they were using their patents, they at least were protecting a market; NTP is just doing the corporate equivalent of a mugging.

      However, I have far more respect for them now, given that they've refused to settle and really showed some balls, than I would if they had just let the bunch of shyster lawyers that is NTP (you did know that NTP is just a front set up by an attorney, right?) bleed them for several million bucks.

      Given the "marriages of convenience" that we've been seeing recently in the tech sector -- where it seems a whole lot of companies are willing to get in bed with anyone, including the Chinese government and our own (and at the same time, no less), if it makes them a few bucks -- I find it refreshing that RIM didn't just settle.
    • On several occasions they had the opportunity to settle for far less money, and they kept escalating and escalating the situation.

      Right, what assholes. Who do they think they are, demanding their day in court and all? Believing they are innocent until proven guilty? Refusing to pay the required bribe to the company trying to use a submarine patent on them.

      I mean, hey, that's the corrupt system we live under, and they should just have gone along with it.
  • I also submitted this story, and included a quote on the part I found funniest (from the Yahoo! story [yahoo.com] in my submission).

    RIM said it has filed applications for a patent for its workaround, part of a software update called BlackBerry Multi-Mode Edition.

    To answer a couple of other posted questions:

    RIM, which is based in Waterloo, Ontario, said it has developed and tested software workaround designs for all BlackBerry handsets operating in the United States.

    And...

    The company said it will soon begin shipping ha

  • Why I no longer side with RIM (Score:5, Interesting)

    by paladinwannabe2 (889776) on Thursday February 09 2006, @12:12PM (#14678787)
    The main reason RIM lost the original case is because they created false evidence to try to demonstrate prior art. However, they were caught trying to pull this off in the courtroom. Nothing says "I'm breaking the law and trying to get away with it" like perjury.

  • NTP in YRO? (Score:3, Funny)

    by Kynde (324134) <tkyntolaNO@SPAMcc.hut.fi> on Thursday February 09 2006, @01:47PM (#14679925) Homepage
    Am I the only one who eagerly opened up this thread to see how this relates to the Network Time Protocol?
    I went -1 and searched for it in vain. I for one am seriously tired of these new jack-ass companies starting to recycle already well established TLAs. What's next? "Sony faces TCP inc. in court over patent infringement"?
  • Completely different at the bottom but completely the same at the top, huh?

    It occurs to me that this could be bollocks, an empty attempt to scare away NTP with a "Yeah, you'll maybe win, and then you'll have wasted all that time and money for nothing."

    There doesn't seem to be any detail on what the actual new technology is (I presume it is, you know, proprietary, or something. And stuff.).
    • That's not what they're saying, though. They're saying that your car's engine might stop working, but if it does they'll replace it immediately, at no cost to you, with practically no effort on your end, with an engine that is guaranteed to not suffer the same problems. That doesn't seem so bad, especially when the original engine's dying is the fault of a stupid patent system.
      • No effort? How is updating every Blackberry Enterprise Server and every Blackberry handheld little or no effort? I guess you have never worked in IT because I can tell you having a forced, unplanned upgrade to a major "mission critical" system like the crackberry network is not going to be easy or fun.
        • Sounds easier (and cheaper) than replacing your entire blackberry network with something new.
        • I can see the job posting on Craigslist:

          "Exciting Opportunity! Several temp positions available at XX Company. Assist in rollout of new software on the Crackberry platform. Must be able to thumb type 35wpm. Experience recommended, crackberry addicts need not apply."

          Seriously though, I can see temps being brought into major companies across the US to take these suckers and place them on a cradle and update - rinse and repeat for 8 hours a day.
    • It looked pretty bleak for RIM there for a bit, but out of no where they got a second wind, stood up and muttered something about the fight not being over. They then sucker punched the patent holder by using political pressure (not merits) to get the last patent tossed. And then, while the other company was writhing around on the ground, RIM whipped it out and started pissing on them. Sure, they could have avoided the fight all together by just applying this patch ages ago, but where's the fun in that?

      -Ric

    • Re:Too Late? (Score:5, Insightful)

      by Guspaz (556486) on Thursday February 09 2006, @11:41AM (#14678378) Homepage
      RIM's other markets were never at risk. RIM isn't even based in the US anyhow. They're based in Waterloo, Canada, IIRC. And we don't seem to have as broken a patent system as the US does.

      The "article" seems to indicate that the changes are to the backend only, and absolutely nothing will change for the user. Everything is identical in the GUI and usage. So this should be a kick in the pants for NTP. NTP now has two options:

      1) Settle for a paltry amount, far less than what they could have accepted before.
      2) Press forward to get an injunction, and have the case die when RIM uses the workaround, without NTP seeing a dime.

      All of NTP's patents (All of them now) have now been invalidated (at least preliminarily), and even if NTP succeeds in getting an injunction, those invalid patents won't even apply anymore. NTP doesn't exactly have a strong case anymore, and they have to know it.

      Of course, NTP didn't stop when the US government stepped in to warn that an injunction would compromise the nation's security, so I'm pretty sure they fall into the evil-but-stupid category that is too both too evil to abandon the case, and too stupid to realize it is a lost cause.
      • No, no, no.

        If NTP wins, they get damages based on RIM's past infringement. Although RIM can prevent another suit by using a workaround, they can't get out of their past infringement.
        • How can RIM be required to pay damages for invalid patents?

          Since RIM can't be charged ongoing royalties for a patent they no longer infringe, and since they can't be ordered to shut down a service that no longer violates patents, the only question that remains is how much lump sum they pay out, if any.

          RIM can sustain such a thing. A settlement or damages payment isn't a big deal. So long as it doesn't bankrupt RIM, they take the hit and move on. A single amount of money can be replaced. It isn't nearly so d
        • We live in a world of automated updates. If RIM doesn't have an effective update solution in place, that was rather shortsited.

          If they don't, I would imagine that any user could simply take their BlackBerry back to their cellular provider to have them apply the update to keep it working. Since the update would be required, the carrier would probably be obligated to provide the service at no cost.
    • Well, there's nothing quite like a Blackberry to switch to. There are some devices that can be tweaked to get a Blackberry-esque experience, but it isn't the same.

      The closest thing will be the new Windows Mobile 5 devices, but they aren't really out yet. So RIM could have lost a lot of customers, but the competition just wasn't positioned in time.
    • You are not a Crackberry addict.

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