Why RIM is Countersuing

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Other than the obvious reason that RIM is countersuing Visto because it believes the lawsuit is invalid. The other reason, which could play a very key role into how things unfold for both companies future is that RIM wants to move the proceedings to Dallas, Texas instead of Marshall, Texas.

Jim Balsillie, RIM co-CEO states that “We believe the appropriate place for this to be heard is where we do business.” Sounds reasonable but most patent lawyers would know the real reason why RIM is so eager to move out of Marshall. That person is Judge T. John Ward, who has historically pushed these patent infringement cases very quickly through the courts and not to mention that the town has sided about 80% of the time with the patent holders, unlike the NTP v. RIM case with Judge Spencer that dragged on for years. Oh yeah did we mention that Judge Ward was also the judge that oversaw the Visto v. SEVEN case, which Visto won and was granted $3.6 million in royalty payments.

Of course RIM isn’t going to come out and shoot themselves in the foot by stating that we think the town of Marshall and its 24,000 citizens absolutely have no clue.

The countersuit could actually be more important than the original suit. If RIM does lose its case, chances are really good that Visto will prevail again.