Court Hearing Update

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This will be the official post for updates on the trial for when they come available:

Update #1 – 10:51 AM EST:

NTP has asked the court this morning for $126 million dollars in damages, in addition to undetermined royalties, and an immediate injunction of services in the US. There are about 3.2 million Blackberry users in the U.S. who could be affected by an enforced injunction.

Update #2 – 11:30 AM EST:

NTP has outlined its suggestions for a Blackberry injunction. An injunction would start 30 days after a ruling which would allow RIM and Blackberry users to implement the workaround. They also will grant an exemption to Federal, State, and City government workers. NTP would also want the injunction to become permanent even after the patents expire.

Nothing new here, NTP has already stated all of this before the hearing.

Update #3 – 12:10 PM EST:

RIM responds seeking a new trial, because of claims that were thrown out by a Federal court.

The obvious reason for RIM seeking a new trial is that the new trial will take into account the latest USPTO rulings that found the NTP patents invalid.

Update #4 – 12:51 PM EST:

RIM has announced that The USPTO has issued a ‘Final Office Action’ for all of the five disputed NTP patents. This basically means that the patents are now done for even though NTP may appeal. The final rejections were all based on multiple grounds, required unanimous agreement from a panel of 3 senior patent examiners and are expected to withstand all future appeals by NTP.

The new findings will not be factored into today’s ruling, but will help if RIM gets its new trial.

Update #5 – 1:02 PM EST:

Judge Spencer stopped short of ordering an immediate shutdown of millions of Blackberrys.

But U.S. District Judge James Spencer said there was no escaping that RIM had been found to be infringing on NTP’a patents and he would issue a decision on an injunction “as soon as reasonably possible.”

Update #6 – 1:05 PM EST:

RIMM surged to 11% immediately after the ruling and has leveled to about 7% but expect that number to wildly swing up and down.

  • pm

    [But U.S. District Judge James Spencer said there was no escaping that RIM had been found to be infringing on NTP’a patents]
    How can RIM be infringing on NTP patents if the patents are invalid? Is the Judge getting a slice of NTP’s potential billion dollar payout? I say the only reasonable option is a re-trial. Funny how scared to death NTP is of a re-trial, doesn’t that speak volumes of how sure they are of their patents.

  • pm

    [But U.S. District Judge James Spencer said there was no escaping that RIM had been found to be infringing on NTP’a patents]
    How can RIM be infringing on NTP patents if the patents are invalid? Is the Judge getting a slice of NTP’s potential billion dollar payout? I say the only reasonable option is a re-trial. Funny how scared to death NTP is of a re-trial, doesn’t that speak volumes of how sure they are of their patents.