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NTP Sues Palm, Alleging Patent Violation

Posted by Zonk on Tue Nov 07, 2006 09:45 AM
from the thrilling dept.
mikesd81 writes "The Seattle Time reports that NTP is now going after Palm for patent infringement on technology used in their devices. The suit asks the court to bar Palm from continuing to infringe on NTP's patents and seeks monetary damages for the alleged past infringements. At issues are eleven patents, dating from 1995 to 2001, according to the lawsuit. Five of the patents were part of NTP's lawsuit against RIM. The Palm complaint also centers on products, services and systems that integrate e-mail systems with wireless communications, including the Treo, Palm VII, Palm i700 and Tungsten products." You may recall NTP from the just-finished Blackberry case. Good to know they're staying busy.
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[+] 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?
[+] NTP Gets a Taste of Its Own Medicine 49 comments
UltraAyla writes, "NTP's patent suits seem to have attracted the attention of Oren Tavory, a man who claims to have worked on a project with NTP founder Thomas Campana back in 1991. From the article: 'In September, Tavory filed a lawsuit against NTP in U.S. District Court in Richmond, VA, demanding that a judge issue a court order naming him as co-inventor on seven NTP patents, and accusing NTP of copyright infringement and unjust enrichment.'"
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  • by pete.com (741064) on Tuesday November 07 2006, @09:48AM (#16750581)
    .... you have to make money somehow. Seems NTP's choice is to extort money using the court system.
      • I see the solution to the US patent roulette as simple: Don't establish a US office. Force all customers to contract with a head office in a nation that has SANE laws that aren't sold to the highest bidder. Force them to deal with fair courts, and cut them off if they don't abide by agreements.

        If necessary, establish offices in a jurisdiction like Germany where innovation and privacy trump companies that have no products.

        • RIM is a Canadian company, and that didn't work for them.

          Even if your offices are out of the US, US courts still have the jurisdiction to shut down your operations in the US.
  • by Anonymous Coward on Tuesday November 07 2006, @09:51AM (#16750619)
    Just as I thought... NTP is an evilcompany (tm) that wants to hurt me personally.
    Although I have two palms (and two hands, two arms, etc), I don't like the fact that the Network Time Protocol has suddenly gone through the Intarweb tubes to the lawyers and is taking legal action against parts of my body.
    What's next? HTTP suing my big toe? Telnet suing my liver? When will it all end?!? Ohh the humanity...

    TDz.

  • eBlackMail (Score:5, Insightful)

    by Doc Ruby (173196) on Tuesday November 07 2006, @09:52AM (#16750631) Homepage Journal
    When you pay a blackmailer to leave you alone, even if they do, you've paid them to stay alive long enough to bother someone else.

    And when the cops won't stop them, they're unstoppable.
    • And when the cops won't stop them, they're unstoppable.
      When justice fails, people turn to vigilanteism. I'm surprised that the USPTO hasn't been firebombed long before now.
      • Re: (Score:3, Insightful)

        Vigilanteism usually reacts in the mode in which it was incited. So I'm not surprised that people in the info biz, like programmers, are so casual about violating these kinds of bonds, like piracy and enthusiasm for open source. What's the patent version of building a gallows? Is it contributing to Linux?
  • NTP (Score:5, Funny)

    by Anonymous Coward on Tuesday November 07 2006, @09:53AM (#16750649)
    What products does NTP make? I was thinking of performing a boycott of what seems to be an overly-litigious company, but can't find any targets.
    • Re: (Score:3, Funny)


      What products does NTP make? I was thinking of performing a boycott of what seems to be an overly-litigious company, but can't find any targets.


      Sadly their products are lawsuits.

      Pity there isn't a way to boycott those :(
    • Re: (Score:3, Informative)

      What products does NTP make?

      To expand on what others have already said:

      NTP is a classic example of a patent troll [wikipedia.org]. They purchase patents from other companies and then sue people for violations of those patents, and try to get people to pay them protection money ("license fees") to leave them alone. At no point do they produce or use anything, so they are completely exempt from "defensive" patents - nobody can countersue NTP for patent violations because NTP do nothing that could violate any patents. Similar

  • by fitten (521191) on Tuesday November 07 2006, @09:54AM (#16750665)
    At issues is even patents, dating from 1995 to 2001, according to the lawsuit.


    The even ones? How many is that?
  • Dear NTP (Score:2, Insightful)

    Dear NTP:

    Please eat excrement and die.
  • Regulation is good.
  • I would wish everyone that worked for this company would burn in hell. Well, here is hoping for a painful death for all of them anyhow.
  • Palm's Response (Score:5, Informative)

    by Scyber (539694) on Tuesday November 07 2006, @10:18AM (#16750875)
    http://investor.palm.com/pressdetail.cfm?ReleaseID =217480 [palm.com]

    The NTP lawsuit claims that certain Palm products infringe seven NTP patents. All seven of the patents asserted are being re-examined by the U.S. Patent and Trademark Office (PTO) and have been rejected by the re-examiners as invalid. Palm also noted that the NTP patents disclose a pager-based email service that has nothing in common with the mobile-computing devices invented by Palm. Palm has been in occasional contact with NTP concerning a license to these patents. When Palm last communicated with NTP many months ago, however, each of the patents already was the subject of re-examination proceedings by the PTO. Palm is disappointed that, after many months of silence and repeated rejections of NTP's claims by the PTO, NTP has chosen to sue on patents of doubtful validity. Palm respects legitimate intellectual property rights, but will defend itself vigorously against the attempted misuse of the patent and judicial systems to extract monetary value for rights to patents that may ultimately have no value at all.

  • by CrankyFool (680025) on Tuesday November 07 2006, @10:45AM (#16751157)
    I hope the judge doesn't give them the time of day!
    • by El Torico (732160) <eltorico@gmai[ ]om ['l.c' in gap]> on Tuesday November 07 2006, @10:19AM (#16750881)
      Yes, it did work the first time and I don't see how anyone could be surprised by this. According to the article, NTP contacted 3Com (Palm's parent company) the same time they contacted RIM. Basically, NTP "annexed the Sudetenland" and RIM appeased them, thus setting a precedent. We all know how well appeasement works to deter aggression now, don't we?
      • Re: (Score:3, Insightful)

        I just want to know how they were harmed that they deserve damages. Was the sales of their non-existent products harmed by sales of Palms?

        The patent itself is rediculous and a perfect example of why software patents must go. You have a PC-like device capable of displaying and inputting text. Just how inventive do you have to be to think, "Hey, you could use this for email!" That's patentable??
      • Re: (Score:3, Interesting)

        This particular company is looking leachlike but the intent of patents is positive. Without them there would be very little incentive to develope new technology. Why spend a 100 million developing a new computer chip when six months from now a competitor can have a knock off on the market and under cut your price because they don't have to repay development costs. It's one of the reasons China has embraced piracy, it saves a bundle. Most of the world is getting tired of it and they are starting to threaten