Slashdot Mirror
RIM Settles Long-Standing Blackberry Claim
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?
...if the patents that based NTP's lawsuit were going to be ruled invalid, what was the basis for the settlement? Why didn't RIM just tell NTP to go fuck themselves and wait for the patent office to finish. No patent == no patent infringement == no lawsuit.
Learning HOW to think is more important than learning WHAT to think.
Low end of expectations? Wow. This justifies patent squatting to the unscrupulous looking for the cash-out.
un burrito me trampeó.
I'm pretty disappointed with this move by RIM. I was hoping that by going all the way through the courts we might get some serious patent reform out of the whole mess. While this brought a lot of attention to the issue, I fear that it will just go back to being business as usual at the patent office.
"To lead the people, you must walk behind them"
They had no other choice but to give in. There was an article in the WSJ today that talked about how many people were switching to competitor's products, just because of the uncertainty surrounding the Blackberry.
It will be interesting to see how easily they recover from this.
This space intentionally left blank.
So if someone tries to blackmail me for $100 and I talk them down to $50, I didn't give in either?
That's some faulty logic right there.
The industry and millions of consumers are breathing a collective sigh of relief tonight.
Despite averting a BlackBerry shutdown, however, this case is just more proof that the US Patent Office is in crisis. While some of NTP's patents may prove to be valid, it is clear that many of them should never have been granted in the first place.
The US Patent Office's failure to ensure quality threatens the patent system that is so critical to innovative small tech firms. If the quality of patents is not improved, the industry may lose faith in the entire system.
Some may not like software patents, but the reality is that companies have them. Open Source Champion IBM is the single largest patenter in the WORLD. they still make billions (with a b) off of patent licensing - including software/method patent licensing. Small companies like 'slingbox' have patents to ensure that they get VC funding and to prevent Sony from just creating the exact same product and steamrolling them.
I, along with Diane Peters from OSDL, Bruce Perens, lawyers from IBM and others got together at the USPTO last month to talk about ways to improve patent quality. No solutions yet, but some good discussion.
The quality issue MUST be solved, and NOW; so before you launch into a general "patents suck" rage, take a reality check and think about ways to get more prior art into the patent system and improve the quality.
It will be several years before patent reform legislation becomes law, so we are going to to have to find technology solutions that we can implement now, and hope that legislation fixes the things we can't.
Morgan Reed
A sig?!? I don't think so.....
The one good thing to come of this is it has raised the problem in the public eye. Congressmen thought they would lose their Blackberries. Let's hope some real reform is on the way.
Everyone knows that damage is done to the soul by bad motion pictures. -Pope Pius XI
is a patent troll with $600M in the bank.
Do you have ESP?
I'm not in favor of NTP or anything, but the people who point out that NTP had no product are missing the point of patents.
Suppose you invented the Blackberry. You. Right now. You have the idea. Now what? Do you have the financial backing to manufacture a million Blackberrys? Do you have the industry connections to go around and make deals with all the mobile carriers to get your service into people's hands? No. But it's still a good idea, so you want to go forward with it. That means finding potential partners and investors. But just talking to those people about it is spreading the idea around. Suppose you go to the mobile company and say, "I have these plans for this service, I'm going to call it Blackberry." What's stopping them from just making the service themselves and cutting you out of the picture completely?
Your patent is.
In an ideal world, that's what patents are for: protecting the little guy inventor from big business.
Breakfast served all day!
I love how the big company always gets the benefit of the doubt in today's corporate-loving world.
The founder of NTP had many years of wireless experience, and developed many technologies that moved wireless messaging forward. When RIM showed up on the scene, he sent them (as well as some other companies) a few letters to inform them that they were infringing on his patents. RIM ignored the letters, and continued doing business as though they had never heard of this guy. He didn't sue, he just chalked it up to a losing battle that there was nothing he could do anything about.
Then he saw a story about how RIM was suing other companies out of existence using patents that were infringing on HIS patents. At that point he figured it was time to try and get a big law firm involved, and went after RIM. He died of cancer before this whole court case was ever finished, but I am glad to hear his family will be well off.
The fact of the matter is, this never would have even happened if RIM hadn't started the whole thing by employing predatory practices with their dubious patents to drive competition out of business in the first place. I have no sympathy for RIM at all. They flat out lied in court, and were busted for it, they used some pretty questionable lobbying practices to get NTP patents invalidated, and they have practiced far more dubious patent extortion than NTP ever did. I don't think this is a case of a fine, upstanding company getting a shakedown by a troll. This is a case of pretty sweet karma in action!
This didn't solve anything. If anything it made things worse. I didn't see *ANY* reporting that the flawed patent system was at fault.
All I heard from the mainstream news media was the Blackberry was being sued, and now they settled for $600 Million, so, in my mind, they must have been at fault.
Furthermore, this payment will embolden other patent trolls who want to be fed to the tune of millions for doing nothing.
And the Patent System will go merrily on it way, because now that Senators can use their Blackberries again, do you think they are going to give a tinker's damn that the system is flawed?
If I'd been running Blackberry, I'd have shut down service for 24 hours, with the message "we can't provide service due to a flawed patent system.".
Does anybody here remember the day everyone made their webpages BLACK as a protest? Does anybody remember when it was OKAY to fight back against something that was wrong? Now it seems, the M.O. is to give up, pay the bastards and lick your wounds, regardless of who's right or wrong.
In fact, the more wrong you are, the harder you should fight, it seems, because these days, the good guy always loses. (RIAA anyone?)
What a wonderful lesson to teach our younger people.
George Lucas should make a movie on that subject.
So this is how freedom dies. With a $600 Million payout.
TTYL
A disgusted and concerned old-timer.
If telephones are outlawed, then only outlaws will have telephones.
This company deserves to go straight to hell. $612 million is a rap on the knuckles.
Actually, Campana's company Telefind did have working products, albeit prototypes, exhibited at Comdex in 1990. There weren't terrible reliable - as the networks weren't either, only one way email to pagers but they worked. AT&T was online as primary customer but ducked out leaving Telefind high and dry. Campana inherited tha patents after a lawsuit against Telefind."Mr. Narayanan liked Telefind's products, thinking they might fit well with the Safari project. AT&T had an e-mail system and a prototype computer; what it lacked was a paging service that could put the two together. But after a year of flirting with Telefind, even demonstrating Telefind's system at the Comdex computer show in Las Vegas, AT&T opted for a larger partner in Skytel." RIM's 800 and 900 series pagers were released in 1990 - well after Telefind. Mind you they were true 2-way pagers operating on Motorola's wireless packet Mobitel network. What brought on the NTP lawsuit was RIM's own arrogance in suing othe companies like Palm for having the audacity to incorporate tiny keyboards in their products. C'mon RIM! Who's the troll now?