what is the opinion here on the NTP/RIM problem ?

[William O'Higgins Witteman]

On Mon, Jan 23, 2006 at 11:44:18PM +0200, Peter wrote:
>
>Imho there was nothing that anybody could invent (let alone patent) in 
>1990 that would cover any technology used in electronic messaging. At 
>least the following precedents existed at the time (and were well 
>known and in common use):

Two things - something existing as a precedent of a patent does not
prevent the patent from being filed.  Furthermore, a patent can be (and
routinely is) granted without any implementation at all.  There are
patents based on technologies which do not yet exist.

The patent system in the United States is famously broken, but most
intellectual property regimes have been subverted to be legal mechanisms
for the well-funded to destroy the less-well-funded in the business
arena.

That said, the RIM v. NTP suit is based on eight patents in NTP's vast
patent portfolio.  NTP buys the IP from foundering companies at cut-rate
prices in order to sue those who potentially infringe - the best patent
for a patent pirate such as this is vague one that *might* be
applicable.  Suing people is all that NTP does.

Of the eight patents in the suit, five have been denied by the USPTO.
The remaining patents are still being examined, but they all centre
around issues that did, to some extent, exist in 1990.  Radio
transmission of text, handheld communication devices, text and speech
devices all existed, or might exist in the future, and someone patented
various aspects of their potential function.

The suit itself does not revolve around patent infringement by RIM
through specific elements of the Blackberry devices.  It revolves around
potential infringement of a mess of probably bogus patents which NTP
holds, and the fact that these patents exist is being held like the
sword of Damocles over their heads.  That is why RIM was only too happy
when it looked they would settle this issue once and for all for the
measly price of $450M USD.  The sticking point, which NTP objected to,
was the "once and for all" part.  Even if all of the patents named in
the suit are denied, NTP can just go trawling through their patent
record and use other patents to bring a similar suit.

RIM is currently being sued by a similar patent pirate in the UK - and
they will have to deal with suits like this in every IP regime where
they hope to do business.

The ideal outcome for any of these patent pirates is to be granted an
injunction so that RIM cannot do business in the country of the suit
(this nearly happened in the US) and that this will cause RIM to fold.
Then the pirate can take RIM's IP in a bankruptcy settlement and license
it - after all, there's proven demand.  
-- 

yours,

William

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