It certainly looks that way after Friday's hearing on the latest
chapter of the Research In Motion-NTP saga. U.S. District Judge
James Spencer didn't issue an immediate injunction to shut down
the BlackBerry service, as many had expected. He said he would
make a final decision as soon as possible, although stating loud
and clear that RIM had been found to violate NTP's patents. It
looks like he's trying to buy more time and drive the two
companies to settle outside of court.
Judge Spencer said in court on Friday that neither RIM nor NTP
would be happy with the legal decision he would impose and that
it might be "imperfect." On the other hand, a settlement would
allow the companies to work out terms that would benefit both
sides. Some say, however, a settlement that covers future use
could reach as much as $1 billion.
At this point, a settlement looks like the best way out for RIM.
Despite final rejections issued by the U.S. Patent and Trademark
Office this week, the U.S. District Court maintains that RIM
infringed on NTP's patents.
Now NTP could appeal the patents once again, prolonging the case
even further. One report says NTP asked Judge Spencer to order
RIM to pay $126 million in damages for past infringement, as well
as to impose an injunction with a 30-day grace period.
But RIM seems to be confident in the case it has presented. RIM
Co-CEO Jim Balsillie provided InformationWeek with the
following statement:
"NTP has been very disingenuous with the court and the public.
They have not offered RIM an agreement with reasonable terms, and
our court filings demonstrate that fact clearly. RIM filed an
affidavit from a leading licensing expert that unambiguously
explains that NTP's settlement offer is disingenuous and
illusory. NTP wants the world to believe they're being reasonable
in order to limit the public outrage, but the truth was exposed
in court today. NTP also failed to demonstrate any credible plan
to protect the nearly one million users that the government
believes should be exempt from any potential injunction.
"As of today, all of the patents remaining in dispute have also
been rejected by the Patent Office reexamination team, despite
NTP's clear efforts to obstruct the process. These rulings
vindicate RIM's position and prove that the patents should have
never been issued in the first place.
"We're looking forward to the eventual decision, and we're
feeling comfortable with our contingency plans in any event."
As I mentioned in my previous blog, even if an injunction is
issued in the coming weeks, a grace period will allow RIM and NTP
to decide on a settlement. After all, the judge made it clear
during the hearing that it's something the companies should have
done a long time ago.
Elena Malykhina
[email protected]
www.informationweek.com
2. Today's Top Story: RIM
UPDATE: Judge Stops Short Of Blackberry Cutoff (Reuters)
Research In Motion and its customers get a temporary reprieve.
But the judge also reminded RIM that it had already been found in
violation of NTP patents.
Chronology: Key Dates In Blackberry Patent Battle (Reuters)
Despite Reprieve, BlackBerry Shutdown Threat Still Looms For Users
Companies that rely on the devices are deploying alternatives and
preparing to roll out software patches from vendor Research In
Motion. But the change will be expensive for many. RIM,
meanwhile, is scrambling to avert a shutdown.
3. Breaking News
Political Group Tries To Stop AOL's Certified E-Mail Service
MoveOn.org plans to hold a news conference on Tuesday to unveil a
number of organizations that have joined it in opposing AOL's
pay-to-send system as just more spam.
Google Exec Concedes Privacy Could Be A Problem
The company's Search Across Computers feature does pose potential
security risks, a Google exec admits, but he says it's an issue
for which IT, and not the vendor, is responsible.
Critical Shockwave Install Bug Fixed
Users can breathe easy; the bug was patched the same day it was announced.
Microsoft Vows To Fight Korea's Windows Ruling ...
In the final ruling, the Korean commission ordered Microsoft to
offer two new Windows editions. One must strip out Windows Media
Player and Windows Messenger and would be similar to the "N"
version ordered last year by the European Union.
... And Will Make EU Dispute Documents Public (Reuters)
Still trying to persuade the European Commission not to impose
the $2.4 million daily fine, Microsoft is making public what
until now had been its confidential responses to the EU's
antitrust charges.
DoD Plans To Deploy RFID In Operations With 24 Nations
The goal to share information and create interoperability among
nations hasn't been easy to pull off.
U.S. Hitting A Ceiling On Internet Households
Most non-Web users have no intentions of linking up, a new survey says.
EC Renews Call For European Institute Of Technology
Details of the proposal are emerging. The Institute will be a
virtual multisite organization to help connect research teams and
university departments in strategic fields from across Europe.
Dubai Port-Security Deal Could Threaten High-Tech Defenses, Say Critics
Bush administration critics worry that high-tech devices and
strategies, such as biometrics, RFID, and radiation sensor
technology being installed at ports, could fall into the wrong hands.
Gaming, Celebrity URLs: Riskiest Web Sites
These Web sites are significantly more likely to host spyware and
launch "drive-by downloads," the term for the hacker practice of
using browser or Windows vulnerabilities to silently install software.
Google's New Web Site Hosting Service Overwhelmed
Google temporarily suspends signing up new accounts for its Web
site hosting service due to heavy demand.
HP Readying For Second-Gen RFID
Hewlett-Packard uses RFID to identify and track pallets and boxes
of various products shipped to some retail distribution centers
and will first switch its inkjet printer lines over to the new tags.
All Our Latest News
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Security Benchmark: China
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4. Grab Bag: News You Need From Around The Web
Study Says U.S. Tech Hiring Grows (CNNMoney.com)
Trade group reports that domestic increase in technology jobs
offsets the work being sent overseas.
Cell Providers' Dirty Secret (San Francisco Chronicle)
Would you pay full price for a used cell phone number? Chances
are, you already have.
Work More, Do Less With Tech (Reuters)
Technology is supposed to help office workers be more efficient,
but it's not only speeding up the workflow, it's interrupting it.
So U.S. workers feel they accomplish less in the same amount of time.
5. In Depth: IT Careers
Careers: Keeping Older Tech Workers On The Job Longer
Nearly a third of all U.S. workers will soon be over the age of
50 and nearing retirement. Combine that with fewer young people
entering tech careers, and that leaves a skills and staff gap
that older workers can fill.
Offshoring's Impact On Future Tech Jobs Is Overrated, Says Study
Savings from offshoring allows companies to invest in new
business opportunities, creating new jobs.
Blog: Bush's Pro-India Stance Shows He's Got The Facts Right
About Outsourcing
Legislative efforts to restrict the outsourcing of IT and other
services jobs to India would hurt America more than they would
help it. Most business people and economists know this, and it
appears President Bush knows it, too, says Paul McDougall.
Report: Homeland Security To Get Big IT Spending Boost
The DHS increase of some $772 million represents 44% of new
federal IT outlays, says researcher Input.
U.S. Company Sponsors IT Talent Contest In India
The contest is part of U.S. Technology Resources' plan to recruit
up to 27,000 employees from the region in the next few years.
6. Voice Of Authority
Are Your Kids Safe Online?
You know the old saying: Timing is everything. The best time to
start a new diet, for example, is not the same week Girl Scout
cookies are delivered. I learned that lesson last week, and I'm
not turning back until the last Thin Mint has been consumed! So
when is the right time to find ways to keep your kids safe
online? In a word: Now, says Stephanie Stahl.
7. White Papers
Storage Networks - What You Should Know
The need for storage is growing exponentially. The total disk
storage in the world grew by 59.3% to reach 457 petabytes. This
includes storage inside the computers and in external storage
devices. This white paper highlights some of the factors you
should consider when choosing a storage solution.
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