Re: "Judge delays BlackBerry US shutdown"

d[POSTED TO alt.internet.wireless - REPLY ON USENET PLEASE]

In <4408a380$0$95981$742ec2ed@xxxxxxxxxxxxxx> on Fri, 03 Mar 2006 12:13:56
-0800, SMS <scharf.steven@xxxxxxxxxxx> wrote:

Rico wrote:

You trimmed where I asked repeatedly in thepost you ar ereplying to, so I
will ask again, note shouting this time to ensure I have your attention:

WHAT INJUNCTION???

Have you read anything about this case?

Have you? Seriously? (Other than USA Today?)

In 2003 Spencer issued an injunction forbidding RIM from ?directly
making, using, offering to sell or selling within the United States or
importing? its BlackBerry.

<http://www.rim.net/news/press/2004/pr-14_12_2004-06.shtml>
RIM Provides Update On NTP Inc. Vs. RIM Litigation

Judgment and Injunction Vacated; Case Remanded To District Court

Waterloo, ON - Research In Motion (RIM) (Nasdaq: RIMM: TSX: RIM) provided
an update today following receipt of a ruling this afternoon from the
United States Court of Appeals for the Federal Circuit in regard to the NTP
Inc. vs. RIM litigation.

In response to RIM?s appeal of a judgment of the U.S. District Court for
the Eastern District of Virginia, the United States Court of Appeals for
the Federal Circuit ordered the judgment vacated and the case remanded to
the District Court for further proceedings. The Court of Appeals also
ordered the injunction (previously imposed and stayed by the District
Court) vacated.

[MORE]

HINT: Look up the meaning of the legal term "vacated".

It's all really moot.

It is indeed. RIM has lost, and must either settle with NTP or face the legal
consequences.

RIM will either settle, or implement their
workaround. Implementing the work-around will probably be better since
the patents are all permanently invalidated then they'll have other
avenues to pursue if they wish.

If RIM had a viable work-around it would have presumably deployed it by now,
rather than running up a *lot* more liability (in the hundreds of millions of
dollars), which it will still owe NTP even if the work-around is successful.

The judge needs to be very careful in what he does, or he can open the
possibility of a whole new set of appeals by RIM.

The only thing RIM can appeal is the correctness of the judgement, and then
only on the existing record -- no new evidence can be introduced or
considered. Game over.

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