RIM IP Case Explained Further

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When it comes to patents and patent infringement laws, we’re pretty clueless but thanks to the blogosphere we can find someone that does. Dennis Crouch a patent lawyer has a Patent Law Blog, called Patently-O and explains the RIM-NTP case further. He goes on to state that the RIM patent case denial was “entirely expected”.

Then he explains the next steps for RIM:

RIM has ninety days to file a petition for writ of certiorari with the Supreme Court and line-up any Amicus curiae. NTP will then have thirty days to respond in opposition. This timeline easily pushes the Court’s decision on whether to even hear the the case into 2006. In all likelihood, the Court will decline — thus allowing the case to return to the district court to determine: (1) whether a the “term sheet” was an actual settlement; (2) whether an injunction should issue immediately; and/or (3) how new hearings/trial should proceed on the issues vacated by the August 2005 opinion [pdf].

In a parallel process, the patents in suit are all undergoing reexamination at the PTO. Each patent has been initially rejected in a first office action. However, those initial rejections have yet to be made final.