Dennis Crouch a patent attorney at the law firm of McDonnell Boehnen Hulbert & Berghoff LLP in Chicago. He offers his insight on the RIM-NTP case, here are some interesting tidbits:
From my point of view, RIM should not be held liable for patent infringement because a portion of the patented method was performed on foreign soil, and the statute requires that the use take place within the united states. The Court, however, read an exception into the statute — that internationally performed elements of the invention did not defeat an infringement charge so long as the “control and beneficial use” of the infringing system was within the United States.
He actually goes on to propse a change in Section 271(a), so RIM and other companies can not use that loop-hole of being a foreign company to avoid infriging on US Patents.