Supreme Court spurns RIM

l2718 writes "NTP has just won the latest round in its court battle against Research in Motion (makers of the Blackberry). Today's Order List from the US Supreme Court includes a denial of certiorary for RIM's appeal. This follows the Circuit Court of Appeals' denial of review en banc we have covered previously. As sometimes happens, the court nevertheless accepted amicus curiae briefs from several groups, including Intel and the Canadian government." The potential impact of this may mean the shutdown of Blackberry's network. I hope the crackberry addicts have lots of methadone onhand.

Comments

Alternatives

[TubeSteak]

What are the alternatives to the BlackBerry?

And I don't mean "roll your own" setups, but full fledged enterprise level products.

RIM can't be the only company that offers such a service.

The waste is underhyped.

[CyricZ]

Regardless of the outcome, the end result is still wasted resources. Years of legal action costs quite a bit. Even just the financial resources, let alone the time, wasted on such endeavours could be better put towards technical research. At least then we'd have something productive to show in the end.

While many claim that patents strive to increase the efficiency of the market, it is quite clear they do not. Indeed, the resources funneled off to deal with this legal battle could have actually been used for useful means. Anyone who strives for an efficient market cannot condone this sort of wasteful behaviour.

Re:Confused about why suit persists.

[robertjw]

The judge actually stated that he will uphold the USPTO's CURRENT position. He is only interested in enforcing the patent, not determining it's validity. That's probably why RIM hasn't settled this already. They want to drag it out in the hope that the USPTO will actually invalidate NTP's patents sometime in the near future.

This whole case is an amazing example of bureaucracy at 'work'.

Our system of law allows and even encourages this.

[qwyeth]

Since I know practically zip about this litigation and these patent issues, the first place I went after reading the headline was to google for a briefing. Here, I found the following:

NTP, which has no employees, convinced a jury in Spencer's Richmond, Virginia, courtroom in 2002 that Research In Motion had infringed patents related to wireless e-mail.

I know the assininity (is that a word?) of this has been phrased and rephrased many times in many discussions, but... WTF?!? Aren't patents supposed to protect inventors/innovators? I may be jumping to conclusions about NTP, but how can a company that exists solely to litigate patent-infringers get away with what it does?

I envision a land where there are "justices" appointed because they are "just", and "judge" based on the heart behind a simpler code of "justice," rather than human turing machines stripped of the power to truly judge, trying to apply an ugly and endless stream of spaghetti-legislation to human, nonlinear situations?

Did such an idealized system of law ever exist? May it yet? I don't know, but the more I learn about politics and legislation the more similarities I see between the modern process of developing laws and the process of developing software... I don't doubt that there are some legislators who would, if given a machine with the ability, replace human judges altogether in favor of a more predictible expert system.


Tangent? Yes. Rant? Yes. Tinfoil hat? Maybe. Relevant? You decide.

Re:Sue the USPTO

[Kadin2048]

Short answer, no. You basically cannot sue the Government or a Government agency directly. It has soverign immunity under the Constitution from most civil suits.

However, there is an exception, called the Federal Tort Claims Act, which allows people to sue the Government for negligence in some situations:

The FTCA provides a limited waiver of the federal government's sovereign immunity when its employees are negligent within the scope of their employment. Under the FTCA, the government can only be sued 'under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.' 28 U.S.C. S 1346(b). Thus, the FTCA does not apply to conduct that is uniquely governmental, that is, incapable of performance by a private individual.

The Government would have a pretty easy argument in this case that the USPTO's function is "uniquely governmental" in that it enforces a duty of the Government that's enumerated in the Constitution (that whole "useful arts" bit that always gets dragged up). Whether or not they do their job well doesn't enter into it -- the intended method of influencing the Government's performance is through the ballot box, not the jury box.

This is also the reason why you can't sue the Government if you were wrongly accused of murder and held in prison for 20 years before being exonerated by DNA evidence or something. The Government was doing its job (however poorly), therefore you can't sue it/them.

Don't feel too warm and fuzzy for NTP

[Anonymous Coward]

An important thing to remember is that the patent system is supposed to promote innovation. The USPTO's case against NTP so far pretty much demonstrates that Campana wasn't the first person to come up with the "inventions" claimed in his patents. A good synopsis of the evidence can be found on the discussion page of the blackberry entry in wikipedia. Here is an excerpt:

"During reexaminations, the USPTO built detailed cases against NTP patent claims developed largely from information contained in other U.S. patents. The USPTO found that U.S. patent 5,159,592 by inventor Charles E. Perkins, assigned to IBM, anticipated many claims in the NTP patents and was filed earlier than any of them. NTP has apparently been unable to show to the satisfaction of the USPTO that its inventions were documented or demonstrated before the Perkins patent held by IBM was filed.

The October 26, 1990, date claimed for ESA's [the prior owner of NTP's patents] demonstration to AT&T could be significant, because the Perkins patent application was filed October 29, 1990. However, according to the Telefind memo, what was demonstrated then was a "wireless modem to download data and messages" and not the more complex system of e-mail processing and routing that is described in the patents under review.

U.S. patent 5,278,955 deals with e-mail processing and cites an article from 1989 by Richard D. Verjinski entitled, "PHASE, a portable host access system environment," published in an IEEE proceedings. The USPTO found Verjinski's article anticipated many NTP patent claims.

Besides the Perkins patent and the Verjinski article, the USPTO found several other prior publications describing techniques claimed in NTP patents, including a RIM patent and documents published by Norwegian Telecommunications in 1986 and 1989. For many of the NTP patent claims it now proposes to reject the USPTO cites multiple prior disclosures.

Until recent years U.S. patent applications were not published. NTP inventors would have been unable to learn about the Perkins patent application when they applied for the first three of the eight patents now being reexamined. However, the Verjinski article was published before any NTP patent application, and the Perkins patent had been published before applications for the last five NTP patents were filed.

The USPTO has assembled substantial evidence that critical NTP patent claims are invalid. Despite persistent attempts by RIM to intervene in the reexaminations, the USPTO has generally built its own cases without accepting arguments advanced by RIM. So far the USPTO has not explained why the NTP claims now being rejected were instead accepted when the NTP patent applications were originally examined.

NTP has made some adjustments in response to the USPTO findings but is attempting to justify and maintain most if not all of its claims. If the USPTO follows through with final actions rejecting any claims not conceded or adjusted by NTP, NTP has available to it both administrative and court appeals, likely to take many years."