Patent Office Rejects Another (Yes, Another) NTP Patent

from the this-is-getting-damn-silly dept

What were we just saying about about NTP’s actions showing an anxiousness to settle the RIM deal before the US Patent Office definitively rejected its patents? Well, just weeks after the USPTO made it clear that one of the core patents in the case almost certainly isn’t valid they’re saying the same thing about another NTP patent. If you’re playing the home game on all of this, this would be the second time the USPTO has rejected this patent — suggesting that NTP’s response wasn’t particularly convincing. It’s not the final ruling, but the USPTO (as they did with the last patent) made it clear that it’s very, very likely the final ruling will reject this patent. This particular patent isn’t as key to the case as the one from a few weeks ago, but it still does suggest a pattern in these NTP patents. So, with all of that happening, why is everyone, including the judge, saying they don’t want to wait and see what the patent office has to say? Doesn’t that seem like a key bit of extremely relevant information? Why should RIM pay what might turn out to be a billion dollars when the US Patent Office is basically admitting they screwed up in the first place? Can RIM sue the USPTO for a billion or more due to negligence?


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Comments on “Patent Office Rejects Another (Yes, Another) NTP Patent”

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18 Comments
Oliver Wendell Jones (profile) says:

Can they settle with a condition?

Can RIM offer a settlement equal to what NTP is demanding with one condition?

Should the US PTO overturn the rest of the NTP patents, NTP should have to return all funds to RIM as well as all money spent on legal fees, court costs, etc.

If I was RIM, I’d publicly make that offer and put that before the judge. If NTP isn’t willing to accept under that condition, then NTP must not really feel they have a strong case and thus it should be tossed out – or at the very least, postponed until the US PTO has had it’s chance to resolve the issue once and for all.

It seems to me it’s a bit like a single mother suing a man for child support and not waiting for the paternity test results to come back first.

Mousky (user link) says:

Re: Can they settle with a condition?

What do you think the sticking point is between RIM and NTP? RIM definitely wants that condition in. NTP definitely does not want that condition in.

There is nothing left for the judge to do. It is now a matter between NTP and RIM. NTP can ask the judge to remove the stay and order the shutdown of the Blackberry (save and except for government users). If that happens both NTP and RIM lose.

The Other Mike says:

Not a bad idea...

Actually someone suing the USPTO for negligence isn’t a bad idea – if it’s even possible. Their actions to date would be enough to get a company in criminal trouble, why shouldn’t a government agency be held at least somewhat accountable?

A suit against them may not go far but it could create a critical mass inside the agency. Major changes have been triggered by less. And this office needs a serious wake up call.

Anonymous Coward says:

A conundrum wrapped in an enigma...

Well, if NTP doesnt hold the patent, who does? I assume RIM holds (or licenses) the Canadian patent, but if the USPTO keeps throwing out NTP’s filings, somebody out there must have a better claim to the US rights.

It seems like RIM is going to have to pay some company a sizeable amount of $$$ to license the technology. Maybe they’d rather just deal with the devil they know at this point.

wot thee eff? says:

Re: Re: A conundrum wrapped in an enigma...

I thought the main underlying issue is that noone should hold the patent for something as obvious as sending email on a portable device. NTP didn’t make any technology or even conduct any worthwhile research on this. RIM isn’t NTP’s IP. Remember all the old books about flying cars and jetpacks? Imagine one of those authors had been allowed to patent the idea or even that one of us who’d read such a book patented it years later. That’s pretty much what this is…

good guys always come in last says:

Re: Re: Re: A conundrum wrapped in an enigma...

well i think what it really is is that NTP is an american company and RIM is canadian. NTP must have been so happy after RIM did all the work.Now they can get millions of dollars for doing what they do best… sitting on their ass and stealing money from hard working companies especially if that company isn’t american. Hows this for an idea..a light bulb that can change colours with your mood… OK i patented it. Now let me basically forget about it for 20 years and then after someone else thought of the same idea and spent their entire life actually working on it and going through all the struggles… finally when it becomes a multimillion dollar corporation let me take millions of his dollars. Ye thats fair. I would do it too but im not a heartless, selfish, a**hole. Sorry if i seem bitter towards Americans… i know obviously not all of you are bad… but its pple and companies like NTP that make your country one of the most loathed in the world. And i agree with them. I don’t think they woulda been so greedy had RIM been an American country. Oh well its like they say good guys always come in last.

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