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Blackberry In Court Again Over Patents 185

uqbar writes "Looks like Research in Motion (RIM), the Canadian makers of the portable Blackberry email device, are back in court again. If patent holding company NTP wins their case, then RIM would be barred from selling Blackberry pagers in the US and would owe $54 million. Is this yet another case of overreaching patents gone amok?" We previously covered the original ruling in this case in August 2003.
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Blackberry In Court Again Over Patents

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  • by Mz6 ( 741941 ) * on Monday June 07, 2004 @03:18PM (#9358894) Journal
    "Is this yet another case of overreaching patents gone amok?"

    Nah, it's not like Microsoft has patented double-clicking or something... oh wait...

    • Re: (Score:3, Insightful)

      Comment removed based on user account deletion
      • Re:overreaching? (Score:2, Interesting)

        I disagree. I think you should encourage people of heavy academic and practical training to become patent clerks.

        I know it's a job I'd be interested in. Imagine seeing new ideas constantly flowing across your desk.
    • Re:overreaching? (Score:5, Interesting)

      by Kyouryuu ( 685884 ) on Monday June 07, 2004 @03:33PM (#9359029) Homepage
      It's purely conflict of interest. The U.S. Patent Office makes money with each patent it grants. Even the application fee alone is substantial. Therefore, there is no economic incentive for the Patent Office to deny patents, no matter how dubious they are. That's why they seem to pass through the system like diarrhea.

      The irony is that now both parties and the judicial branch of the government will likely spend more money just sorting out the dilemma created by the greedy Patent Office's apathy. Not that the Patent Office cares. They already have their cash.

      • Re:overreaching? (Score:5, Interesting)

        by Mz6 ( 741941 ) * on Monday June 07, 2004 @03:36PM (#9359059) Journal
        Wait a minute...

        I have never filed for a patent before, so I am unsure of the exact process. However, I thought that fees associated with filing a patent were non-refunadable. Meaning that the USPTO will get their money whether or not the application is approved. Am I correct in this?

        • Re:overreaching? (Score:5, Insightful)

          by CharlieHedlin ( 102121 ) on Monday June 07, 2004 @03:46PM (#9359160)
          Ah, but if they have a reputation for granting, people will file more junk patents.

          If they start rejectiong patents it would not take long for people to wise up and only file legitimate (define that how you would like) patents. Their income would fall rapidly.

          Its amazing. Government is just like every company, species, etc. It grows as fast as it can given the enviroment. We need Libertarian pricipals so that we can check this, cutting fat inefficient agencies. This is just as predators check the rabit population.
          • by Artifakt ( 700173 ) on Monday June 07, 2004 @03:54PM (#9359239)
            I don't usually nit-pick spelling, but this case was seriously funny. If we have to wait until a whole generation goes through school with libertarian principals to fix this, we're doomed. How about principles?
          • So you implement your workers' paradise *cough* Libertarian principals, and rein in the government.

            Then the corporations (who are barely held in check by said govt that you've nuetered) will suddenly adhere to ethical standards [tpj.org], avoid polluting the environment [bhopal.com], and cease exploiting workers [local6.com]. Everyone will be free and happy! Weeee!!!

            Pass the crak pipe, bub. No sense in you getting all the hallucinations.

          • Its amazing. Government is just like every company, species, etc. It grows as fast as it can given the enviroment. We need Libertarian pricipals so that we can check this, cutting fat inefficient agencies. This is just as predators check the rabit population.

            So, please tell us, what would the "libertarian" response to patents be? According to libertarians, should patents be abolished entirely? What about copyrights? And if libertarians want to keep patents and copyrights but reduce government, who get
        • Re:overreaching? (Score:5, Informative)

          by angle_slam ( 623817 ) on Monday June 07, 2004 @03:50PM (#9359198)
          Partially correct. There is a filing fee that is non-refundable, even if the application is rejected. However, there is also something called an Issue Fee, which is only charged once a patent is granted. In addition, there are Maintenance Fees, which are charged at 3.5, 7.5, and 11.5 years, in order to keep the patent from expiring.

          Here is the full fee schedule [uspto.gov]. Fees of note: filing fee is $770. Issue fee is $1,330. Maintenance fees are $990, $2,090, and $3,220. There are also fees for publication ($300), filing an assignment ($40), for filing excess claims (more than 20), filing late responses to the patent office, and many more. In general, "small entities" pay half of the amount listed above, though there are exceptions.

      • Re:overreaching? (Score:3, Interesting)

        by Sebby ( 238625 )
        "Therefore, there is no economic incentive for the Patent Office to deny patents, no matter how dubious they are."

        That's why I've been saying that the PTO should be sued everytime an invalid patent is found that caused financial loss to a defendant having to prove it invalid.

      • almost every time the applicant replies they pay money too, every time they add new claims they pay money, add an information disclosure statment, or make an appeal.

        the PTO gets paid almost every time.

        examiners don't get paid more for rejecting, any more than they do for allowances.
      • It's purely conflict of interest. The U.S. Patent Office makes money with each patent it grants. Even the application fee alone is substantial. Therefore, there is no economic incentive for the Patent Office to deny patents, no matter how dubious they are.

        While I enjoy blaming the gubment as much as anybody, in this case I think you need to look at the lawyers. Who approves all the bogus and conflicting patents which lead to costly lawsuits? The USPTO. Who is the largest employer of intellectual property [abanet.org]
    • by Anonymous Coward
      The CEO of NTP had this to say: "We're really going to lick rim in this case".
  • by MalaclypseTheYounger ( 726934 ) on Monday June 07, 2004 @03:20PM (#9358907) Journal
    If BlackBerry loses this case, does that mean I can give back my BlackBerry that my job makes me carry around with me 24/7?

    FreeEEEDOM!!!

    Or better yet, maybe my Blackberry will have to meet a certain 'accidental' demise, and they will be unable to give me a new one due to this patent hearing.

    • what does blackberry devices do?
      just receive text messages or what? and what's the patent about

      Haven't seen a real 'pager' in years(replaced by gsm phones)...
      • Reading the patents, they refer to a RF mobile device with a processor that sends/receives e-mail.
      • Re:Exiting models? (Score:5, Interesting)

        by afidel ( 530433 ) on Monday June 07, 2004 @03:39PM (#9359097)
        The blackberry is basically a limited PDA environment with build in cellular data service (and voice too on a couple of the really expensive models). How they ever got to be so popular I have no clue. We used them at IBM for dispatching calls to us field techs but the coverage was really poor and any PDA with a cellular addon would have been tons more usefull (like say for accessing map sites since we were driving to new locations every day). My only guess is that RIM/Cingular is able to make private networks for large customers that make them feel more secure then a general IP solution would.
        • Re:Exiting models? (Score:5, Informative)

          by mccrew ( 62494 ) on Monday June 07, 2004 @04:18PM (#9359461)
          How they ever got to be so popular I have no clue.

          Simple, really. They do one thing, e-mail, and do it well. Very well. Better than anyone else. It is easy to use. They have the common use case down cold.

          E-mail is the golden nugget. PDAs, even wirelessly enabled PDAs, are a dime a dozen. Heck, even cell phones are a commodity - cell providers have to give away the product in order to get people to buy the service.

          Having a Blackberry will save you an hour a day. The competion is clunkier and harder to use. They don't call 'em "Crackberry" for nothing.

          • Yeah, RIM's product is the integration with the back end. A secure corporate email solution? There's only one out there. Nobody seems to be able to figure this out... it's so f*ing obvious. I thought RIM would have died years ago when Motorola started doing RIM-like devices and Palms began incorporating wireless. But both of them stuck to a fancy-email and text messaging cell-phone kind of business model rather than a "interfaces with your corporate mail server" business model.

            RIM's R&D is moving

          • Simple, really. They do one thing, e-mail, and do it well. Very well. Better than anyone else.

            Danger's Hiptop also does e-mail really well, and it also does web browsing really well, and instant messaging, and it has a flat fee.

            Smartphones like those from Palm also do e-mail really well.

            The competion is clunkier and harder to use.

            That's a matter of opinion, not fact. One thing that is not a matter of opinion, however, is that the competition is cheaper. And, unlike RIM, the competition hasn't sued
          • Agreed. I used to have a RIM 950 (the black C++ based pager type device) which I thought was great for E-mail. Not good for the PDA functionality, but good for email (though only in continental USA). Recently got upgraded to a 6280 (larger, gsm/gprs/triband) and it seems that the PDA functionality has been GREATLY improved. One nice thing is that if I make a change to my calendar either on the device or on Outlook at work, it updates the other end within a matter of seconds.

            Still, I prefer my Palm T3 for

        • How they ever got to be so popular I have no clue.

          New York City employees had some.
          They kept working in Manhattan on 9/11.
          Instant bulletproof reputation.

          Really ticked off the palm.net guys, who are on the same network, but didn't benefit from the war stories.
      • Not quite (Score:5, Insightful)

        by igrp ( 732252 ) on Monday June 07, 2004 @03:49PM (#9359193)
        Around here, there's still two groups of people who still carry pagers: doctors and law enforcement officers. The pager system is still way more robust than GSM and serves as a fallback system for a lot of law enforcement agencies.

        Doctors still carry them for two reasons: first of all, they're safe. Pagers have been in use for decades and are known to generally not interfere with hospital equipment (unlike GSM phones, which can cause really weird behaviour in some monitoring equipment). And secondly, they're reliable. In an emergency situation, when everybody grabs their cell to check on their loved ones cell coverage usually drops to 0% in a jiffie (yes, I know that GSM networks can be configured to prioritize certain SIMs through the HLR but I can tell you from experience that that doesn't really work reliably). Pagers, on the other hand, don't need a lot of bandwidth and work reliably.

        Having said that, Blackberrys were a nice idea when they were first introduced. These days, though they're useless without effective filtering. I am subscribed to a bunch of mailing lists and I don't particularly like the idea of staring at a small b/w device for long periods of time to find that one important email I happen to be looking for. That's especially true if I have instant access to my IMAP account using my PDA (using WiFi, which tends to drain the battery, or my cell phone). Plus, around here, there's usually a computer nearby no matter where I go.

        • I don't particularly like the idea of staring at a small b/w device for long periods of time

          Good, since Blackberrys have color screens, you shouldn't have a problem. ;)
    • Re:Exiting models? (Score:3, Interesting)

      by Entropius ( 188861 )
      I have a friend who's a clerk for a law firm in town. They make her carry one of those beasties around 24/7, and leave it on 24/7. If she turns it off, the Masters know about it.

      They can even do GPS tracking with the things.

      Incidentally, I can't think there's anything about this device that's patent-worthy. The use of a new networking technology (in this case DPMS or whatever the IP-over-cell-phone protocol is) to do the same old networking stuff isn't patentable, since it's such an obvious application.

      T
    • Yeah, and then they'll give you a handheld running Windows CE... Might wanna rethink this plan.
    • Re:Exiting models? (Score:2, Informative)

      by Techguy666 ( 759128 )
      Not entirely. Here's another link to the story (from the Toronto Star's business section):

      http://www.thestar.com/NASApp/cs/ContentServer? p ag ename=thestar/Layout/Article_Type1&c=Article&cid=1 086559808952&call_pageid=968350072197&col=96904886 3851

      The most interesting quote is this:

      "My guess is that rather than an injunction, NTP would rather have ongoing royalties," said Marc Kaufman, a patent lawyer with Nixon Peabody in Washington. "The time you really want an injunction is when you
  • by account_deleted ( 4530225 ) on Monday June 07, 2004 @03:21PM (#9358912)
    Comment removed based on user account deletion
  • by JasonUCF ( 601670 ) <jason-slashdawt@@@jnlpro...com> on Monday June 07, 2004 @03:21PM (#9358917) Homepage
    The headline is a bit misleading. Today is RIM's day in court for hearing on its appeal to the August 2003 decision where they were effectively slapped around.

    The Register and a few other newsies reported that RIM and NTP have tried to come to a royalty agreement, but so far have not budged.

    You can bet as soon as RIM loses this appeal (likely), they will very quickly come up with a royalty agreement for NTP, and life will go on.

    IANAL. I play one on slashdot.
    • by happyfrogcow ( 708359 ) on Monday June 07, 2004 @03:54PM (#9359243)
      headline: "Blackberry In Court Again Over Patents"

      lets analyze.

      First word: Blackberry
      Who is this article about? Blackberry.

      Second+Third word: In Court
      Where is Blackberry? In Court

      Fourth word: Again
      So they have been there before? Is this a continuation of the previous dispute? Yes and yes.

      Fifth+Sixth word: Over Patents
      Why was Blackberry in court again? Over Patents

      Now, why was this misleading?
      • statement: "Now, why was this misleading?"

        lets analyze.

        Note I prefaced the term "misleading" with "a bit"

        "a bit"
        Defined as : A small portion, degree, or amount.

        So if we were to rework your statement to reflect the original context in which I used it:

        "Now, why was this a bit misleading?"

        I would say because "In Court Again" implies that they left court the first time. The phrase "In Court Again" implies there is a new reason for them to be in court. The reality is they never left, this is a contin

        • I would say because "In Court Again" implies that they left court the first time.


          They did. They are now in an appeals court. Sure, it's more or less the same topic, but a decision was made the first time they were in court. It's not like they are still waiting for that initial decision.
  • by acariquara ( 753971 ) on Monday June 07, 2004 @03:22PM (#9358925) Journal
    ...suing your enemies into oblivion.

    Wait, I think Microsoft got that patented, scratch that.

  • Prior Art (Score:5, Insightful)

    by PktLoss ( 647983 ) * on Monday June 07, 2004 @03:22PM (#9358928) Homepage Journal
    It seems like the court case should have waited pending an end to the resolution of the US Patent Offices' re-examination of the patents in question. The whole thing becomes a non-issue if the patents are thrown out.
  • by Anonymous Coward on Monday June 07, 2004 @03:24PM (#9358943)
    The CEO of NTP had this to say: "We're really going to lick rim in this case".

    Operation Hammertime [operationhammertime.org]
  • Freedom... (Score:5, Interesting)

    by hitech69 ( 78566 ) on Monday June 07, 2004 @03:29PM (#9358994) Homepage
    Didn't someone once say that "freedom is just another word for having nothing else to lose". Hmmm... don't think America is very free anymore, and the patent system is not only wasting the industries time, it's wasting the justice system's time dealing with all these bogus court cases. What really scares me if one of these looney judges rules in favor of upholding these vague patent claims.
    • NTP is a company that makes nothing. It only exists to hold patents.
    • By that standard, America hasn't been free since we all bought homes during the 1990s boom and are now tied to things like mortgage payments, for which we need work, and work ties us to our blackberries; that's got to be the most convoluted link back to the original topic that I've ever posted.
    • Re:Freedom... (Score:2, Informative)

      by picklepuss ( 749206 )
      Actually those are lyrics from "Me and Bobby McGee" by Kris Kristopherson. It was first popularized by Roger Miller in 1969 (#12 Country hit) and later appeared on the 1971 album "Pearl" by Janis Joplin

      lyrics and info [matrix.com.br]
      Freedom's just another word for nothin' left to lose

      Nothin' don't mean nothin' hon' if it ain't free, no no
    • Source of the quote (Score:3, Informative)

      by addie ( 470476 )
      "Freedom is just another word for nothing left to lose"
      - Kris Kristofferson and Fred Foster
      from "Me and Bobby McGee"
      (popularized by the late, great Janis Joplin)
  • by Anonymous Coward on Monday June 07, 2004 @03:33PM (#9359027)
    No more RIM jobs. * SIGH *
  • by Anonymous Coward on Monday June 07, 2004 @03:35PM (#9359048)
    Why is this kind of delayed lawsuits even permitted? If someone is infringing on your patent(s) it should be your right and DUTY to enforce your patent immediately. These guys instead wait, let the infringer spend money and make money, and THEN they sue for larger amounts than would otherwise have been sensible.

    Are we to believe they hadn't heard of the Blackberry until recently? Ludicrous!
  • by augustz ( 18082 ) on Monday June 07, 2004 @03:35PM (#9359049)
    RIM has sued tons of companies on patent infrigment (they patented every little thing they could). For example.

    Research In Motion, makers of the RIM Blackberry smart pager, has filed suit against Handspring alleging that Handspring's Treo communicators violate one of their patents. Specifically, RIM claims to have a patent on the curved keyboard layout used by three of the four Treo devices (the Treo 180g uses Graffiti character recognition instead) as well as on the rounded buttons. No information is available regarding what damages RIM is seeking.


    So I have a bit less sympathy for them. What goes around comes around.
    • I feel the same way... I'm canadian and I like it when canadian companies are successful. However, when the company is abusing the patent system, then I will not drop a single tear if they become the abused party.

      I also do not care very much for a company that sell product that are overpriced and who did not innovate very much since the launch of their first product.
    • curved keyboard layout?! how innnnnovative!

      [the above should be read with a heavy english accent, to visions of a co-worker being humorously pummeled over the head with such a keyboard]

      i can only imagine what this specific lawsuit is about. Displaying "emoticons" on a limited resource computing device? Brilliant!

      fscking fsckers.
    • by shepd ( 155729 ) <slashdot.org@gmai l . c om> on Monday June 07, 2004 @03:53PM (#9359227) Homepage Journal
      >RIM has sued tons of companies on patent infrigment (they patented every little thing they could).

      Yup. That's how they got the nickname, "Lawsuits in Motion". Let's not forget about RIM Park [waterloo.on.ca], which they managed to weasel their name on to despite the city's population having to pay an additional $35.26 [waterloo.on.ca] tax (5.47% of taxes overall) just to cover the city's funding of the park. Can someone explain to me how you can get your name on a park without either paying for the whole thing, or being a dead celebrity?
    • Live by the sword, die by the sword. I guess PalmOne needs to countersue RIM for the form factor itself. IIRC, the original PalmPilot was pitched based entirely on a wooden mock-up of the form factor...
    • curved keyboard? (Score:3, Informative)

      by twitter ( 104583 )
      how innovative [aol.com].

      Who'd have thunk it? [rydia.net]

      That's never been patented, has it? [rydia.net] Not while people had sense, that is. It's so surprising that people find new keyboards.

    • by lightsaber1 ( 686686 ) on Monday June 07, 2004 @04:32PM (#9359626)
      In defence of RIM, there are differences here: 1) RIM actually produced the thing...NTP produces nothing. 2) RIM's patent isn't nearly as broad as NTP's.

      RIM (specifically Mike Lazaridis) put a lot of effort into perfecting that keyboard for thumb typing and it is what the blackberry was built around. So yes, there was a lot of innovation there. It seems simple now, but at the time, it was a novel idea.

      Of course, I may be biased here because RIM was founded and is based right beside where I go to school (U of Waterloo), and they contribute a lot to and hire a lot of students from said school.

      • RIM (specifically Mike Lazaridis) put a lot of effort into perfecting that keyboard for thumb typing and it is what the blackberry was built around. So yes, there was a lot of innovation there. It seems simple now, but at the time, it was a novel idea.

        Ohh! A novel implementation of a keyboard. Wowie zowie! Heard of the "twiddler"?

        Just because you've invested a lot of time reasearching something you don't have an automatic monopoly on it.

        Can you imagine if Fender had patented the Stratocaster guitar shap
  • by the_rajah ( 749499 ) * on Monday June 07, 2004 @03:38PM (#9359077) Homepage
    who are working to make our patent system a bit more fair and help with reducing the current abuses we are seeing. Pubpat [pubpat.org] Electronic Frontier Foundation [eff.org]

    "Do the Right Thing. It will gratify some people and astound the rest." - Mark Twain
  • What a silly patent. (Score:5, Informative)

    by Entropius ( 188861 ) on Monday June 07, 2004 @03:50PM (#9359200)
    NTP in November 2001 filed a complaint contending that RIM's products and services infringe on at least five NTP patents (numbers 5,625,670; 5,631,946; 5,819,172; 6,067,451 and 6,317,592) granted by the U.S. Patent and Trademark Office (USPTO) covering the use of radio-frequency wireless communications in e-mail systems.

    Does this mean that every time I use wlan0 instead of eth0 to check my mail I'm infringing on their patent?

    More generally, I would think the Amateur Packet Radio people would have some prior art on this. APR has been around for a while, I think... and certainly someone has used it to check mail.
    • Note to lawyers- always read slashdot for prior art *before* filing lawsuit.
    • Prior Art (Score:5, Informative)

      by igrp ( 732252 ) on Monday June 07, 2004 @04:01PM (#9359307)
      APR has been around for a while, I think... and certainly someone has used it to check mail.

      Well it's at least been used for that purpose since 1987. I think that's the first time I saw two BBSes being connected using amateur radio equipment. Must have been two Fidonet boxes. The connection wasn't quite stable but it worked.

  • Courtesy (Score:2, Funny)

    by planckscale ( 579258 )
    I for one, welcome our Canadian overlords!

  • by marderj ( 725013 ) * on Monday June 07, 2004 @04:34PM (#9359641)
    It wasn't too long ago that RIM managed to crawl out of a hole by filing frivolous lawsuits for patent infringement. Remember when they filed suit against Handspring [com.com] over the elliptical shape of the buttons on the keyboard? They justified it by saying they 'invested substantial research and development and marketing effort' into the design and it wasn't fair that Handspring should be able to reap the rewards of their hard work. A fucking keyboard. I hate to see another stupid patent lawsuit, but I have a hard time being sympathetic to their cause. As far as I'm concerned this is poetic justice.
  • "Is this yet another case of overreaching patents gone amok?"

    Being that I'm not a patent lawyer, nor can I be considered an expert on patent law, I think I'm speaking for all of Slashdot when I say "I don't know. Can you give me more information about it?"
  • by Spudley ( 171066 ) on Monday June 07, 2004 @04:44PM (#9359749) Homepage Journal
    I don't know the story behind this particular patent case, but in the broader argument about patents, I've given up.

    I've decided that the best thing now would be for the whole computer industry just to stop and wait for twenty years. When all these stupid patents finally expire, then the rest of us can start actually doing stuff with our computers. Until then, we may as well all just go home, because as I see it, just about anything I do is going to tread on someone's intellecual property. (and I use the word 'intellectual' in it's loosest possible sense)
  • Just a thought. (Score:5, Insightful)

    by Saggi ( 462624 ) on Monday June 07, 2004 @04:44PM (#9359751) Homepage
    If this goes on for much longer the US will become a low-tech country. It will not be possible to invent or put new technology out on the market there, just because of the risk of getting to court. The market will move elsewhere and only old and tested devices (that have certain "prior art") will remain in the US.

    Luckily I live in Europe...

    But will the European Union adopt the same madness as the US? If this becomes the case we will see new technology evolve in Asia... (did anyone mention China?)

    Just a thought.
  • Translation (Score:3, Insightful)

    by saddino ( 183491 ) on Monday June 07, 2004 @04:45PM (#9359765)
    Is this yet another case of overreaching patents gone amok? = "Is this yet another chance to stir your typical /. reader into a frenzy?"

    Really folks, the very mention of the word patent here results in typical anti-IP diatribes; often neglecting what is actually actually debatable and interesting: the merits of the patent in question, its defensibiblty and its consequences.

    The poster's asking himself the aforequoted question betrays he didn't even bother to read the patent.

    Is it time to add "-1 RTFP" as a moderation type?
    • actually debatable and interesting: the merits of the patent in question, its defensibiblty and its consequences.

      What is debatable and interesting is the merit of software patents in general, not this particular patent. Not on us to "prove" this patent is valueless. This patent is almost certainly garbage and not worth talking about. The onus is on the patent holder to prove they are entitled to monopolise some piece of technology.

      I really hate the way that the patent office, lawyers and some big bus

      • I really hate the way that the patent office, lawyers and some big business types are trying to parasitise the intellectual property I, and other intellectual property creators, are making. Such people are scum.

        The irony here is incredible. NTP is not owned by "big business types" (everyone here seems to assume this). NTP is a holding company for the intellectual property creator, Thomas Campana and his partners. FYI, he is a retired electrical engineer with 50 patents to his name. You, as a intellect
        • Bullshit. I've just scanned the patents [uspto.gov]. (numbers 5,625,670 [uspto.gov]; 5,631,946 [uspto.gov]; 5,819,172 [uspto.gov]; 6,067,451 [uspto.gov] and 6,317,592 [uspto.gov]). They're trash and completely uninnovative. Whether you like it or not the use of the radio spectrum to transmit email with addressing is obvious and should never have been monopolised in this way.

          Also, like many patent office boosters you appear to be confusing the creation of intellectual property with the granting of a patent. Without getting into the semantics (I don't care whether it's called

    • People here know what these patents are about and have already come to the conclusion that they are bogus. They were bogus when the first lawsuit was filed, and they are still as bogus today. Perhaps you should look at the patents yourself some time. If you come to the conclusion that they are defensible, maybe you can make an argument, but that is not an issue most people feel the need to revisit on their own.

      The consequences? If these patents stand, they potentially threaten a lot of mobile text-base
      • People here know what these patents are about and have already come to the conclusion that they are bogus. They were bogus when the first lawsuit was filed, and they are still as bogus today.

        So, the conclusions of "people here" should outweigh the fact that the jury found RIM guilty of willful infringement? The opinions of "people here" should nullify the Appeals court upholding the ruling?

        Perhaps you should look at the patents yourself some time. If you come to the conclusion that they are defensible,
        • So, the conclusions of "people here" should outweigh the fact that the jury found RIM guilty of willful infringement? The opinions of "people here" should nullify the Appeals court upholding the ruling?

          You seem to have trouble with the concepts of "debate" and "discourse" in a democratic society. People can debate legal opinions, and, over the course of years and decades, US courts will start to align with public opinion. That's, for example, how racial equality was achieved in the US: if it hadn't been
  • Of course, this being Slashdot, all patents are baaaaad! But if you put that aside, none of the information here is particularly specific about what exactly these patents are for. For example the article says these patents cover using radio frequencies in handheld devices to send and receive information. Well, that's a very vague, and obviously there is more to the patent than that. It's very likely that this is a silly patent, but it's hard to tell with nothing but pro and con sound bites. Most of the peo
    • all patents are baaaaad!

      By default, yes. They are interference by the government in the citizen's business. The onus is on the patent holder to show why they have a god-given right to monopolise some piece of technology. The vast majority software patents I've seen are nothing more than a means for lawyers and the patent office to make money on. Parasites trying to make money my, and other intellectual property creators', hard work. They are scum.

      ---

      It's wrong that an intellectual property creator

  • by werdna ( 39029 ) on Monday June 07, 2004 @10:28PM (#9362120) Journal
    Blackberry attacked on both noninfringement and invalidity on summary judgment, and lost. They went to trial on both issue, and lost. They argued against injunctive relief, and lost.

    So the patent is certainly sufficient to pass the smell-test.

    They are now before the Federal Circuit to determine whether the court errred below, Blackberry's last gasp to survive.

    time will tell whether the plaintiff will prevail at this point, but overreaching, after a full trial on the merits? you have got to be an ideologue even to ask the question.
    • What makes you think Blackberry won't survive? Leeches like NTP can only suck blood as long as the body they attach to lives and they know that. NTP will extract just the right amount of money from Blackberry and thenfocus their legal efforts on the next company and then the next and then the next. We are all going to pay for this in our legal bills.

      time will tell whether the plaintiff will prevail at this point, but overreaching, after a full trial on the merits? you have got to be an ideologue even t
  • by samantha ( 68231 ) * on Tuesday June 08, 2004 @04:21AM (#9363701) Homepage
    then the US Patent System and the courts will attempt to shut it down. Since we privatize spectrum at high price every player needs to recoup their costs. This generally means that you and I will get nickel and dimed to death for one little bitty service slice at a time. It is against the interest of all these players if anyone offers too much for too little or, in other words, actually begins to bring more of the full benefit of wireless connectivity to the users.

"What man has done, man can aspire to do." -- Jerry Pournelle, about space flight

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