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  • New SC Chief Justice Roberts makes first ruling

    http://news.yahoo.com/s/nm/20051026/tc_nm/rim_patent_dc

    QUOTE


    WASHINGTON (Reuters) - The chief justice of the United States on Wednesday declined to suspend a patent infringement ruling against the maker of the BlackBerry wireless e-mail device while the Supreme Court considers whether to hear an appeal.

    U.S. Chief Justice John Roberts rejected a request by Research In Motion Ltd. (Toronto:RIM.TO - news) (Nasdaq:RIMM - news) to stay a lower court's patent infringement ruling while the high court decides whether to hear a RIM appeal.

    Waterloo, Ontario-based RIM could still refile its request for a stay with one of the other Supreme Court justices.

    But RIM said in a statement it expected the next step in the case would be a scheduling conference before a lower court, which could be held within weeks, setting the timing for further proceedings.

    RIM shares rose 42 cents to $57.82 in mid-afternoon trading on Nasdaq.

    Roberts' denial comes after the U.S. Court of Appeals for the Federal Circuit last week turned down a request that would have stayed the case.

    The case goes back to 2002, when patent holding company NTP Inc. successfully sued RIM in a lower court. It won an injunction in 2003 to halt U.S. sales of the BlackBerry and shut down its service, although that ruling was stayed pending appeal.

    The appeals court scaled back the initial ruling, but still concluded that RIM infringed on NTP patents.

    RIM and NTP reached a $450 million settlement on the dispute in March, but the deal fell apart in June. RIM wants the lower court to enforce the agreement.

    Barring a further appeal, the case will move back to the U.S. District Court for the Eastern District of Virginia where it was first heard by District Judge James Spencer.

    NTP has said it will ask the court to confirm the injunction. It has said an injunction would not affect BlackBerry products used by U.S. federal, state, or local governments.[/b][/quote]

  • #2
    This case is a very serious one. People don't realize just how close they are to having all Blackberries in this country turned into useless bricks. There are many businesses that run on Blackberries. Many executives that refuse to carry a cell phone carry a Blackberry.

    They are technological pieces of crap, tho... [img]style_emoticons/<#EMO_DIR#>/biggrin.gif[/img]

    Comment


    • #3
      QUOTE

      Waterloo, Ontario-based RIM could still refile its request for a stay with one of the other Supreme Court justices.
      [/b][/quote]

      Serves those non-American bastards right...only American companies should be allowed to abuse the USPTO [img]style_emoticons/<#EMO_DIR#>/biggrin.gif[/img]
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      • #4
        QUOTE(Airshark @ Oct 26 2005, 04:31 PM) Quoted post

        This case is a very serious one. People don't realize just how close they are to having all Blackberries in this country turned into useless bricks. There are many businesses that run on Blackberries. Many executives that refuse to carry a cell phone carry a Blackberry.

        They are technological pieces of crap, tho... [img]style_emoticons/<#EMO_DIR#>/biggrin.gif[/img]
        [/b][/quote]
        Can you elaborate (seriously) on both point?

        I mean, how they could be turned into bricks and why that are crap? I don't currently use one, but know lots of people who do.

        But try to keep it less than 2000 words, if you can? [img]style_emoticons/<#EMO_DIR#>/wink.gif[/img]

        Comment


        • #5
          QUOTE(King @ Oct 26 2005, 05:43 PM) Quoted post

          But try to keep it less than 2000 words, if you can? [img]style_emoticons/<#EMO_DIR#>/wink.gif[/img]
          [/b][/quote]

          And word it so morons like me can understand. [img]style_emoticons/<#EMO_DIR#>/laugh.gif[/img]

          Comment


          • #6
            OK, Blackberry would be shutdown.

            None of the devices would work at all.

            Done. Over. Finished.
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            Comment


            • #7
              The real beneficiary in all of this is not NTP but rather Microsoft, as Enterprise server can now support push e-mail and when they release Windows Mobile 5 they will be able to push it to phones/PDAs.


              If there are good product offerrings, RIM could very quickly become obsolete.
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              Comment


              • #8
                QUOTE(BringBackZezel @ Oct 26 2005, 04:50 PM) Quoted post

                OK, Blackberry would be shutdown.

                None of the devices would work at all.

                Done. Over. Finished.
                [/b][/quote]
                Why?

                Comment


                • #9
                  QUOTE(King @ Oct 26 2005, 04:54 PM) Quoted post

                  QUOTE(BringBackZezel @ Oct 26 2005, 04:50 PM) Quoted post

                  OK, Blackberry would be shutdown.

                  None of the devices would work at all.

                  Done. Over. Finished.
                  [/b][/quote]
                  Why?
                  [/b][/quote]

                  NTP won a patent infringment case against RIM in 2002 (I believe)

                  Of course RIM immediately appealed, but in the process NTP won a court injunction saying that RIM could not sell any hardware, software, or services until the case was settled. That includes any service for units already in the field.

                  That injunction is what RIM is currently appealing. If it doesn't get overturned, RIM will have to shut down sales and all Blackberry service.
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                  Comment


                  • #10
                    Interestingly enough, the US Patent office has since thrown out all 7 of the patents that NTP won their case based on...but that doesn't matter in the case at hand.
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                    • #11
                      I would lose one of my customers if Blackberry were to go under [img]style_emoticons/<#EMO_DIR#>/sad.gif[/img]
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                      • #12
                        QUOTE(BringBackZezel @ Oct 26 2005, 02:59 PM) Quoted post

                        Interestingly enough, the US Patent office has since thrown out all 7 of the patents that NTP won their case based on...but that doesn't matter in the case at hand.
                        [/b][/quote]

                        Like I said, only American companies should be allowed to abuse the USPTO [img]style_emoticons/<#EMO_DIR#>/wink.gif[/img]
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                        • #13
                          anyone know if this effects the palm treo as well that was planned to run on the rim network? there was talk of taking it off there and now looks more certain
                          bbz is right about m$

                          Comment


                          • #14
                            QUOTE(King @ Oct 26 2005, 04:43 PM) Quoted post

                            QUOTE(Airshark @ Oct 26 2005, 04:31 PM) Quoted post

                            This case is a very serious one. People don't realize just how close they are to having all Blackberries in this country turned into useless bricks. There are many businesses that run on Blackberries. Many executives that refuse to carry a cell phone carry a Blackberry.

                            They are technological pieces of crap, tho... [img]style_emoticons/<#EMO_DIR#>/biggrin.gif[/img]
                            [/b][/quote]
                            Can you elaborate (seriously) on both point?

                            I mean, how they could be turned into bricks and why that are crap? I don't currently use one, but know lots of people who do.

                            But try to keep it less than 2000 words, if you can? [img]style_emoticons/<#EMO_DIR#>/wink.gif[/img]
                            [/b][/quote]

                            It's very straightforward. RIM is accused of patent infringement in a technical detail of how it uses its mobile communication network. Currently, they will have to stop using that network, which will mean that RIM devices will no longer be able to receive or send e-mail, or indeed do most of the things that people buy Blackberries for. A Blackberry is a very poor PDA, and for that matter a kinda weak e-mail client; it has no important voice services at all. If you take away the communication abilities, goodbye.

                            Comment


                            • #15
                              QUOTE(BringBackZezel @ Oct 26 2005, 04:53 PM) Quoted post

                              The real beneficiary in all of this is not NTP but rather Microsoft, as Enterprise server can now support push e-mail and when they release Windows Mobile 5 they will be able to push it to phones/PDAs.


                              If there are good product offerrings, RIM could very quickly become obsolete.
                              [/b][/quote]

                              RIM is obsolete. Their solution is quite backward compared to the technology available elsewhere. However, I admire their fortitude in pushing it into the teeth of superior competitors (it's been twenty years they've been pushing it).

                              If you're not Microsoft, this is a bad thing, though. I can't imagine the rulling will stand, but it can and probably will cripple RIM if it goes into the January corporate buying cycles.

                              Comment

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