[kdna]

RIM issue brief statement in regards to $147.2 million patent litigation verdict | Rapid Berry

Source: RapidBerry.net

[GTiLeo]

for some reason i get the feeling the ruling went against RIM because of the battles RIM is now facing and the negativity around them, but then again this is only a feeling and mostlikely nothing

[glamrlama]

for some reason i get the feeling the ruling went against RIM because of the battles RIM is now facing and the negativity around them, but then again this is only a feeling and mostlikely nothing

This is not how patent laws work. They do not take "negativity" into consideration when determining if a patent has been violated or not.

[Laura Knotek]

The case was brought up in 2008 and just finished trial now. That's how slow the legal system takes.

Sent from my Lumia 900 using Board Express

[GTiLeo]

This is not how patent laws work. They do not take "negativity" into consideration when determining if a patent has been violated or not.

understand that but i still don't doubt there may be some bias in there

[kdna]

RIM should appeal.

[dandbj13]

I know this is an unpopular thought, but has anyone considered the possibility that RIM actually violated the patent and has been rightfully fined? We already know that RIM is not always careful with infringement issues, BBX, anyone? As every business is starting to learn, when it comes to patents, sometimes you get the bear; sometimes the bear gets you.

Still, I must admit to some surprise at this news. Everyone keeps talking about how strong RIM's patent portfolio is. This case seems to destroy that notion completely as this hits RIM right in the center of their wheelhouse. If their patents can't protect them in the area of enterprise, mobile management, then their patents aren't worth spit.

[janeka]

This is crazy, Oh well if RIM is wrong pay they part. If not they gone fire back.

[morlock_man]

RIM is appealing.

They've got prior art.

It's just another attempt by the American corporate system to devalue RIM's image.

[TheScionicMan]

This is not how patent laws work. They do not take "negativity" into consideration when determining if a patent has been violated or not.

They? It's a jury of random people. People that couldn't get out of jury duty...

[chr1sny]

People are really going over the deep end in this thread. Courts and juries aren't infallible but some people are making some crazy generalizations and statements in here.

Not only does is the US media conspiring to bring down RIM but now a California district court is as well. Good grief. Let the appeal run its course before spouting all this conspiracy talk.

[chr1sny]

RIM is appealing.

They've got prior art.

It's just another attempt by the American corporate system to devalue RIM's image.

How do you know they had prior art? Just because RIM's attorneys argued that?

Just because you don't like the negative headlines doesn't mean you can degrade the US legal system like that. This is borderline trolling and offensive.

[andrew1953]

There are no grounds for appeal. Australian scientists from the CSIRO( Commonwealth Scientific Independent Reseearch Organization) invented WiFi but arrogant companies like Microsoft ignored this and paid for it ten years later.

Sent from my BlackBerry 9800 using Tapatalk

[morlock_man]

How do you know they had prior art? Just because RIM's attorneys argued that?

Just because you don't like the negative headlines doesn't mean you can degrade the US legal system like that. This is borderline trolling and offensive.

And I suppose NTP, another patent troll, didn't pull this same s#it already against RIM?

Intellectually property law in the US is a joke. Everyone knows it.

Software patents are the biggest joke because the people approving them know nothing about the state of the art.

The Mnformation suit was filed in 2008 after their patent was granted in 2006. It pertains to remote device management and they're being sued over BES. IT policies have been part of BES since 2000, how is that not prior art?

They're just patent trolls.

And the American legal system isn't some God-like uncorruptible entity.

[chr1sny]

And I suppose NTP, another patent troll, didn't pull this same s#it already against RIM?

Intellectually property law in the US is a joke. Everyone knows it.

Software patents are the biggest joke because the people approving them know nothing about the state of the art.

The Mnformation suit was filed in 2008 after their patent was granted in 2006. It pertains to remote device management and they're being sued over BES. IT policies have been part of BES since 2000, how is that not prior art?

They're just patent trolls.

And the American legal system isn't some God-like uncorruptible entity.

First of all, just because RIM is being sued by one patent troll doesn't mean every lawsuit is the same. Poor logic there.

Secondly, you have no idea to what extent the issue of prior art was litigated. You're just speaking in terms of generalizations and have no familiarity with the SPECIFIC issues in this suit. You don't think RIM already tried to assert the prior art theory in a dispositive motion (which obviously failed)?

[morlock_man]

First of all, just because RIM is being sued by one patent troll doesn't mean every lawsuit is the same. Poor logic there.

Secondly, you have no idea to what extent the issue of prior art was litigated. You're just speaking in terms of generalizations and have no familiarity with the SPECIFIC issues in this suit. You don't think RIM already tried to assert the prior art theory in a dispositive motion (which obviously failed)?

Mnformation was formed around the same time as RIM, but have never been needed for their devices. It's more likely that they've designed their patent to emulate RIM's remote management software and pushed the patent through the American patent system, which seriously does not understand software patents. Then they file the suit through the American legal system, which will be more sympathetic to their cause.

Software patents are still a bloody joke. It's about as bad as Samsung being denied the ability to sell their phones and tabs in the US because Apple has patented the shape.

America is going to lose its tech dominance. It's only held up by spit and duct tape right now.

[dandbj13]

Prior art... Clever! Why didn't RIM's attorneys think of that...?

[njblackberry]

They were too busy not checking up on the availability of "BBX". Oops.

Look, patent lawsuits are a cost of doing business. RIM has won their share of lawsuits, lost their share and settled plenty of times. NTP was a settlement (which RIM could have settled years before for a lot less money, but decided to fight).

[morlock_man]

They're still appealing on the grounds of prior art. But get an impartial and informed judge and jury to try the case.

[dandbj13]

I'm no legal expert, but I hope they have a better strategy than to try the same, failed arguments with a new set of faces. The new judge will be familiar with the ruling of the old judge. RIM might want to try something different.

I have noticed as of late that the defense of every infringer is prior art. It is like the insanity defense for murder. It is the Hail Mary of legal defenses. You admit that you are infringing on the patent, but the patent holder doesn't have a right to it.

Here is a power tip. Every patent could fall to prior art. There is nothing invented today that someone 100 years ago didn't have a fever dream about, and probably wrote about, told someone about, or drew on a napkin. Prior art has to mean more than that, or there is no patent system at all. By the way, every murderer is technically insane, at least at the time of the murder. Prior art is not a get out of jail free card.

[bk1022]

At the appelate level, there is no jury. I don't know if there is at the superior level for this type of lawsuit. Regardless, knowing that US patent law is seriously flawed, RIM should have been patenting everything.

IBM has a patent for the motion of a laser pointer that makes a fun cat toy. Why? Just so they won't get sued one day for who knows what.

[morlock_man]

I'm no legal expert, but I hope they have a better strategy than to try the same, failed arguments with a new set of faces. The new judge will be familiar with the ruling of the old judge. RIM might want to try something different.

I have noticed as of late that the defense of every infringer is prior art. It is like the insanity defense for murder. It is the Hail Mary of legal defenses. You admit that you are infringing on the patent, but the patent holder doesn't have a right to it.

Here is a power tip. Every patent could fall to prior art. There is nothing invented today that someone 100 years ago didn't have a fever dream about, and probably wrote about, told someone about, or drew on a napkin. Prior art has to mean more than that, or there is no patent system at all. By the way, every murderer is technically insane, at least at the time of the murder. Prior art is not a get out of jail free card.

In this case, prior art is RIM saying "Hey look! We've been using the disputed technology for over half a decade before they even recieved the patent!" In the tech industry, half a decade is long enough for Apple to transition from MacOS to OSX. It's a huge gap.

Prior art implies that the invention in question has been in use for much longer than the patent itself has been around. It's not just a fever dream or a scribble on a napkin. It's a working implementation of the services in question.

6 years in the tech industry might as well be 60 years.

It's a joke of a lawsuit and it's an abuse of your patent system.

[njblackberry]

But get an impartial and informed judge and jury to try the case.

So you are aware of evidence that the judge and jury weren't impartial?
This is important - do you have any sources?

[morlock_man]

So you are aware of evidence that the judge and jury weren't impartial?
This is important - do you have any sources?

American judge and jury = Immediate bias towards an American company against a Canadian company.

Or do you think that's not true?

[njblackberry]

Oh - I forgot all about the anti Canadian, anti RIM bias. Thanks for clearing that up.

You do realize how silly that makes you sound...