FAQ: Will BlackBerrys be shut down?

(continued from previous page)

In fact, RIM made this exact argument in its briefing to Judge James Spencer, arguing against the imposition of an injunction. "Implementing a workaround requires reloading software on servers and BlackBerry handheld devices. This would likely involve some serious effort on behalf of users and their supporting organizations, which will need to take time to implement the upgrades, and will likely experience typical problems experienced with undertaking upgrades," the brief reads.

Presumably, if the workaround is really part of RIM's long-term plans, it has begun testing the software with carriers and major customers. But given the secrecy surrounding the workaround, it's not clear that it's anything more than a smokescreen designed to mollify RIM's investors and customers.

Will RIM's competitors face problems like this?
It's not clear whether any of the other software companies in this market are free of the same patent troubles that have hurt RIM. Good Technology was sued this week by Visto, which asserted Good was infringing on Visto's patents. Good and RIM have sued each other before, claiming patent infringement, but settled a few years ago. Visto is suing Microsoft, claiming Microsoft is infringing on Visto's patents. Visto and Good have each signed a license to NTP's patents, but are now tussling over Visto's patents.

All the companies are doing the same thing: delivering e-mail over a wireless network to mobile devices. Unless there's a broad licensing agreement, it's easy to envision a constant state of litigation in this market for the next several years.

[smithjones]

Subverting the law...

Everyone in today society thinks that the law applys to everyone
else except them. I see this in the US gov. wire tap program,
women wearing t shirts in state of the union galleries, ( Now
we're told it's not against the law) and I could keep going on.
Even though the small patent holding company NPT, really does
nothing more than hold the patent, it's still is in it's right to ask
for compensation for using it's ideal. NPT has tried to settle with
a fair deal on more than one occasion with RIM, but RIM just
does not want to have to pay a fair price for use of the patent,
so they use the threat of telling the Gov. that it will adversly
effect the world day to day operations. There are other options
out there. How many people out there have had an ideal at work
for improving something at work, only to have another employee
to think of the ideal first, or hear your ideal, and apply it, and
get the credit for it? You think..., hey that was my ideal.
Here is a similar instance. Back in the 50's in the US a gentleman
designed and patented a windsheld wiper delay system.
All the big 3 employed the ideal into their vehicles without
paying the patent holder a single dime, and when he took them
to court and fought them over a 3 decades, the big 3 said the
safety of the public far out weighed paying the patent holder.
I think the patent holder finally won in the 80's, but was dead.
As a former blackberry owner, I understand the need for these
devices, however, RIM should just go ahead and pay the patent
holder the fair price they ask, and all this would be adverted.
It's just a matter of them not wanting to pay. This is what the
patent office is all about..., protecting ideals. Unfortunately we
know that big money and lobbyist, (which quite a few own BB
products) will rule the day at the end.
As I said at the begining of this topic, the bottom line is about
following the law, (you and I have to do it everyday) and NPT is
well in their right to make a claim for fair compensation.

[mahurshi]

A very well written article!

Of 100s of articles I have read in this website, I find this to be the most well written. I also like the Q & A format. This should be done more often!

[inachu]

So I might as well start collecting them.

I have 15 in my office and 4 of them are brand new.

The VP and ceo's are looking for alternative solutions. SKYPE anyone?

How much you think I can get for selling them on ebay?

Patents going too far?

I see this as a troubling advance in litigation-prone society. Patents have now gone far beyond their original intention.

While I admit I don't know the specific legal definition of the patent of which NTP is claiming infringement, I do wish I had been able to patent something as simple as this.
Maybe I should see if "electric charge over conductive medium" has been registered yet...

[arluthier]

Patent Idea

I personally think that in order to secure a patent you should have to have a working model, and actually produce that design. If you dont produce it... then the patent expires. These "idea" patents are ridiculous.

I wonder if there is a patent on the idea of "Get rich from creating vague patents"... I could make a killing then!

[System Tyrant]

Shut down the Service

I think the courts should allow RIM to continue operation until all the patents in question are either validated or invalidated. If one patent still stands then RIM should have 30 days to either settle up with NTP or shutdown it's service.

I think that is fair to all parties. To bad I'm not the judge. :)

[myrdhrin]

Software Patents killing software innovation

Patents as vague as "delivering e-mail over a wireless network to mobile devices" really kills innovation and makes the software business a very dangerous venture.

Small software companies cannot invest all the money to check if concepts so vagues have been registered... can they afford getting sued afterward?

[Verlth]

Is the patent or the description of the patent vague?

We must consider that perhaps this patent is being heavily summarized. RIM could be following this man's exact design and we're just not being accurately informed.

However, I am of the opinion that this patent is excessively vague and that NTP is simply targeting the most prominent company whose products could be interpreted as infringing the patent. It is very similar to the predictions of Nostradamus. His predictions were extremely vague but, when interpreted, appear to be very precise. This seems to be the case in the patent battle between NTP and RIM. It seems that this man had an idea that seemed very possible and so he patented it in hopes that something like this would occur.

I do not put either side of this suit to blame in this dispute. RIM delivers a good product that uses what most people consider innovative technology. NTP is protecting its founder's ideas, however vague they may be. I believe that the patent office is to blame for allowing such a vague idea to be protected as a patent. If there is a schematic that RIM seems to have infringed on, then RIM should pay up. If it is just a vague idea, the NTP should shut up and the patent office should review its criteria for how detailed patents must be.

[Verlth]

Is the patent or the description of the patent vague?

We must consider that perhaps this patent is being heavily summarized. RIM could be following this man's exact design and we're just not being accurately informed.

However, I am of the opinion that this patent is excessively vague and that NTP is simply targeting the most prominent company whose products could be interpreted as infringing the patent. It is very similar to the predictions of Nostradamus. His predictions were extremely vague but, when interpreted, appear to be very precise. This seems to be the case in the patent battle between NTP and RIM. It seems that this man had an idea that seemed very possible and so he patented it in hopes that something like this would occur.

I do not put either side of this suit to blame in this dispute. RIM delivers a good product that uses what most people consider innovative technology. NTP is protecting its founder's ideas, however vague they may be. I believe that the patent office is to blame for allowing such a vague idea to be protected as a patent. If there is a schematic that RIM seems to have infringed on, then RIM should pay up. If it is just a vague idea, the NTP should shut up and the patent office should review its criteria for how detailed patents must be.

[businessuncut]

Actually NTP can benefit financially from closing Blackberry users down

The article stated that NTP does not have a wireless email business so that they would not financially benefit from closing Blackberry down in the US.

Actually they would benefit as NTP has made investments in a couple of Blackberry's competitors. They are private companies offering wirless email services and Blackberry users could defect to them, so benefitting NTP as a minority investor.