End of the Road for U.S. BlackBerry Users ?

_termx23 writes "US BlackBerry users may have to find an alternative source for their email addiction after the U.S. Circuit Court of Appeals in Washington rejected a request by Research in Motion to rehear its appeal of a patent infringement case brought by NTP, which holds a portfolio of wireless email-related patents violated by RIM." From the article: "As part of that litigation, NTP, whose only assets are wireless e-mail related patents, had been granted an injunction banning the sale of BlackBerry devices in the United States and forcing Research in Motion to stop providing e-mail services to all American customers except government account holders. While the court declined Research in Motion's request for a complete rehearing by all 12 of its judges, it did order the panel of three judges to review some aspects of NTP's patent claims." We've discussed this previously.

Comments

Re:Racketeering

[jeffs72]

This seems very similar to the Rambus deal where they sat with Intel and Micron and others at a JDEC summit and came up with a new standard for memory to replace sdram. The end product was RIMM (which sucked balls by the way). Rambus went and patented a lot of the JDEC designs and then sued all the people that came up with the standard for patent infringement. With RIMMs sucking, they weren't on the market for too long, so Rambus died a fairly quick and ignomius death. Hopefully we can hope for similiar for NTP.

I'd be interested to see how Microsoft's involvement with the new Palm pda's is affected by this. I can see Blackberry and Microsoft and Palm all forming a coalition to sue NTP into oblivion, since presumably the palm treo and even the smart phones made by motorola and others violate some aspects of NTPs patents, which sound overly broad.

It's obvious the US patent system is broken. Maybe someone should form a mail-in campaign to our congressmen and senators to make this an issue. That's the way we're supposed to invoke change in this country right? Bitch at our politicians until they get tired of listen to us.

Patents Already Rejected?

[tabdelgawad]

This writeup from USA Today

http://www.usatoday.com/money/industries/technolog y/2005-10-07-rim_x.htm

says that USPTO "has now issued preliminary rejections of the five NTP patents that RIM was found to have violated in the jury trial. The most recent of those patent office decisions came last week".

Maybe this is why the story isn't getting much news coverage; RIM will probably be OK.

Re:Racketeering

[InvalidError]

An FPGA prototype can be fairly expensive. To make a working modern CPU on an FPGA, you would need a couple of the largest FPGAs currently in existence and these cost around $15k each. Even there, it may not be possible or practical because register files and other internal memories are too massively multi-ported to be practical on FPGAs. Then you need $2000+ PCBs to fit those FPGAs, $100k in software licenses (PCB design, FPGA design, etc.) and over $1M in lab equipment to test/debug the setup.

Requiring a proof-of-concept sounds good but for some things, it is either impossible, impractical, very expensive, takes too long to the point of being obsolete by the time the demo is ready, etc.

Since eMail is just text data and manipulating text data is done by software, this really boils down to software patents. Now, that was a dumb idea and this story is just one more example of why.

Re:Racketeering

[cpt kangarooski]

Sorry, but that's just dumb. Copyrights and patents don't overlap at all: you cannot copyright inventions, and you cannot patent something that's not an invention. Furthermore the types of protection are significantly different.

Additionally, patents are still perfectly capable of being beneficial, and often are.

Re:Racketeering

[feijai]

[sigh] The people that get modded +5:Insightful these days (and at 0 I don't expect anyone to see this, argh)... A quick rundown about NTP. For more info, see the excellent article in The Washingtonian (DC's local magazine) debunking the crap RIM has been spreading.

1. NTP owns six patents that RIM is violating. These patents were submitted at the dawn of PDAs -- before the Newton, in fact -- and proposed the general notion of a wireless handheld which receives email, including protocols, long before this was an obvious notion.
2. The original patent submitter actually built devices based on these patents and hawked them at trade shows.
3. NTP's lawsuit includes the original inventor as one of its litigants. He's directly suing RIM.
4. RIM completely ignored NTP's requests for a year.
5. NTP wasn't formed to go after patents in general: it was largely formed to give the original patent submitters enough power to go after RIM for flaunting them -- and believe me, RIM was flaunting.
6. RIM behaved monstrously at court. They tried to starve NTP to death by dragging out everything, repeatedly lied to the judge (to the point that he issued a condemnation of them), and even appealed to Congress to throw out the case by fiat because they'd given Congressmen Blackberries and so if RIM lost the case it'd create a problem with "national defense".
7. RIM has been doing whatever they can to suggest that NTP is a patent whore.

I hate patent whores. They are evil. But NTP is not one of themI. They invented the concepts, produced products based on them, and were screwed by RIM. RIM deserves to fry.