Comments on: NTP patent keeps BlackBerry in a jam

FAQ Handheld maker waits for rulings on whether its device infringes on patents the company doesn't own.

[TL99]

clarifying what RIM has infringed on?

I am wondering what RIM has done wrong in their architecture. It seems like they (RIM) say their software is used only in Canada on a Canadian Server and therefore does not infringe on the US patent. This seems sensible if a person sends a product up to Canada and a special patented tool is used to upgrade the product I would assume that the product could be sent back down to the US without infringing. Could anyone clarify how the courts could rule that a US patent (software) used in Canada could be infringing on the US firm, If it is used in Canada.
I know the courts or lawyers have mentioned
something about "beneficial use" but this does
not quite make sense to me as it extends the
US patents into other countries.

It seems to me that the Canadian Government should only have the right to say what patents
can be used in Canada.
Thanks to anyone who can clarify this issue

[Bankster]

Answer

You can build a factory in china, make the product but when you ship it to the US and sell it you have a problem if it is patented in the US.

Same with RIM, while there servers are safe in canada, the resulting benifited product is the service which is sold in the US.

[TL99]

clarifying what RIM has infringed on?

I am wondering what RIM has done wrong in their architecture. It seems like they (RIM) say their software is used only in Canada on a Canadian Server and therefore does not infringe on the US patent. This seems sensible if a person sends a product up to Canada and a special patented tool is used to upgrade the product I would assume that the product could be sent back down to the US without infringing. Could anyone clarify how the courts could rule that a US patent (software) used in Canada could be infringing on the US firm, If it is used in Canada.
I know the courts or lawyers have mentioned
something about "beneficial use" but this does
not quite make sense to me as it extends the
US patents into other countries.

It seems to me that the Canadian Government should only have the right to say what patents
can be used in Canada.
Thanks to anyone who can clarify this issue

[Bankster]

Answer

You can build a factory in china, make the product but when you ship it to the US and sell it you have a problem if it is patented in the US.

Same with RIM, while there servers are safe in canada, the resulting benifited product is the service which is sold in the US.