
Research In Motion Ltd. has agreed to shell out $450 million to Arlington, Va.-based patent holding company NTP Inc. to settle a patent dispute over its BlackBerry wireless technologies.
"NTP will grant RIM and its customers an unfettered right to continue its BlackBerry-related wireless business without further interference from NTP or its patents," RIM, of Waterloo, Ontario, said in a statement.
Read the full article at eWEEK
Personally, I think this has been a clown show from beginning-to-end.
RIM disregarded patents that had already been established and awarded to NTP, and then set out to prove that those existing patents didn't exist. Due to the legendary integrity of the US Patent Office (HA!!!), they came close. They never contested that they were in violation of those patents...only that those patents shouldn't apply to them.
Still...one can only wonder how much money RIM spent fighting this, on top of the half-billion dollar settlement...as opposed to what it would have cost to make a deal with NTP at the very beginning. I suspect that there will be some buyer's regret once the whole bill comes due.
Personally, I believe that RIM did develop their technology independently. However, he who patents first...WINS. If RIM had it the other way around, they would have fought like hellcats to preserve those patents.
Then we have NTP, which owns those notorious patents from technology developed (but never manufactured) by its founder. Did the fact that they never built anything with that technology mean that they had no right to expect legal protection and reimbursement? I don't think so. However, they acted with a certain amount of personal pique once RIM disputed their patents. There were a lot of avenues they could have taken which would have been less litigious, and more focused on negotiating.
BOTTOM LINE: Both firms acted in a manner that reflected badly upon themselves, their countries and their colleagues, worldwide. One can only hope that they learned from this debacle, and will be more open-minded in the future.
Are there any winners here?
Maybe...IF the governments of the world will see that intellectual capital is the coin-of-the-realm, and that current patent standards are not up to the task of protecting the rights of citizens, inventors or businesses. An overhaul of the entire patent system, and global standardization are required, especially in the evolving global economy (you have no idea how much I detest that phrase).
So...
NTP, go cash your check, and find someone else to abuse. Maybe you'll decide its more fun to produce something one of these days, other then lawyer's fees.
RIM...Microsoft and others are now breathing down your neck. Stop whining about U.S. contempt for Canadian enterprise, and go prove you have the right to stay in the leader's position. You have no more excuses.
Government patent offices...hell, why even bother? Nobody there can read, anyhow!
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