Light Reading

Judge to Blackberry Users: Drop Dead

The Martin Chronicles
The Martin Chronicles
The Martin Chronicles
2/3/2006
50%
50%

5:20 PM -- I've never been in Judge James R. Spencer's courtroom, and I hope I never will be.

Don't get me wrong: Judge Spencer is a distinguished jurist, a cum laude graduate of Harvard, first in his class at Howard University's divinity school, and the first African-American judge on the U.S. District Court for the Eastern District of Virginia. He worked in the civil rights movement in the late 1960s, and I have no doubt that his principles match his brilliance.

But Judge Spencer has got it wrong in the BlackBerry case. I'm not talking about the merits of NTP's patent infringement suit; I'm talking about Spencer's stubborn refusal to take into account the U.S. Patent and Trademark Office's moves to invalidate NTP's patents. This week the Patent Office issued a preliminary ruling that struck down the fifth and final patent at issue in the NTP-RIM lawsuit. NTP will appeal that ruling; a final decision could come in the next 60 days -- or it could take years. (See Final NTP Patent Struck Down.)

Judge Spencer won't wait. He's repeatedly made it clear he has no intention of letting the slow grinding of the Patent Office's machinery affect his ruling re: RIM. "Frankly, it's highly unlikely that I'm going to stay these proceedings," Spencer said from the bench back in November. "I don't run [the Patent Office's] business and they don't run mine."

Well, nobody's trying to restrict your judicial independence, Judge Spencer, but the outcome of the RIM case is not just "your business" -- it's the business of millions of Blackberry users, too, who use the devices every day to keep the wheels of American commerce spinning. RIM may very well have based its business on second-hand technology; it certainly wouldn't be the first successful tech company to do so. But if the Patent Office strikes down NTP's patents, as appears likely, there's no case here. Maybe it's worth waiting a while longer to find that out.

If Judge Spencer's impatience prevails, though, Crackberry addicts can refer to this handy guide to how to deal if the worst-case scenario happens.

— Richard Martin, Senior Editor, Unstrung

(4)  | 
Comment  | 
Print  | 
Newest First  |  Oldest First  |  Threaded View
daniel.taylor
50%
50%
daniel.taylor,
User Rank: Light Beer
12/5/2012 | 4:07:19 AM
re: Judge to Blackberry Users: Drop Dead
Mr. Martin is making an assertion not supported by the facts at hand when he discusses "...Spencer's stubborn refusal to take into account the U.S. Patent and Trademark Office's moves to invalidate NTP's patents." The Court's November 30 decision is devoted entirely to the prospect of a PTO decision and appeals process.

That decision is available on Pacer. It's Document #423 for Case 3:01-cv-00767-JRS in the U.S. District Court of Eastern Virginia. Like NTP's 960 patent, it's a worthwhile read for anyone interested in the outcome of this case.
mwatson1111
50%
50%
mwatson1111,
User Rank: Light Beer
12/5/2012 | 4:07:10 AM
re: Judge to Blackberry Users: Drop Dead
While I compliment Mr. Martin on his ability to write, his argument is extremely flawed. He is suggesting that RIM be rewarded for violating patents simply because there are a lot of customers and "maybe" some of the patents will be invalidated. So if I want to steal IP and make money, it's OK as long as I get lots of customers before someone finds out that I have violated the IP? After all, we don't want to upset customers? If there is someone you want to criticize, it should be RIM, not the judge. If you or RIM were really concerned about Blackberry customers, then start an editorial campaign aimed at having RIM settle with NTP. Or start an editorial campaign aimed at IP squatting scum (which is not-so-subtly inferred in your article). Why should the known violator be rewarded based soley on a presumption of public interest and the hope that their defensive campaign of patent invalidation will work? More importantly, why should a judge be criticized for doing his job and not becoming a 'consumer activist' judge. Let us all hope that you never have any influence over our patent office or judiciary.
RBMartin
50%
50%
RBMartin,
User Rank: Light Beer
12/5/2012 | 4:06:52 AM
re: Judge to Blackberry Users: Drop Dead
Actually I think you've mischaracterized my argument. As I said, RIM may well have violated NTP's patents; if those patents are invalidated, though, there's no intellectual property to infringe upon, is there? This seems self-evident. I entirely agree with your larger points -- that RIM should settle, and that the patent system needs reforming.

....and thanks for the compliment.
mwatson1111
50%
50%
mwatson1111,
User Rank: Light Beer
12/5/2012 | 4:06:37 AM
re: Judge to Blackberry Users: Drop Dead
I'm sorry if I mischaracterized your argument. I understand that the patents may become invalidated. Personally, I have equal distain for IP violators as I do squatters. I also understand that in a perfect world that patent validation and infringement judgements shouldn't be decoupled. Unfortunately, they are. My point was that given the current state of our legal system and this particular case, the victim should be given the benefit of doubt while the peripheral cases are being resolved, not the other way around as you suggest. That's all I meant.

...and you're most welcome.
More Blogs from The Martin Chronicles
Is this where Apple got its 'Multi-Touch' UI idea?
Former Qwest CEO set to stand trial starting March 19
Muni network controversy pales next to the mayor's private scandals
Billionaire might force a Moto showdown
One can't help but chortle
Flash Poll
From The Founder
Networks of the future will rely on "white box" switches and servers rather than proprietary hardware and that's going to alter the shape of the communications industry. Who says so? John Chambers.
LRTV Custom TV
The Benefits of HyperScale Clouds for NFV

3|27|15   |   01:50   |   (0) comments


Hyperscale cloud has been developed by the Internet giants to support the creation and delivery of software-based services at blistering speeds, and at the lowest possible cost. The original ETSI NFV vision was to adopt hyperscale cloud architecture and practices. This vision has become somewhat obscured along the way, due to misunderstandings about the hyperscale ...
LRTV Huawei Video Resource Center
eLTE Rapid Meets the Need for Speed

3|26|15   |   4:45   |   (0) comments


Designed especially for emergency and dedicated ad hoc local mobile communications coverage, Huawei's eLTE Rapid solution can deliver trunked voice, video and data coverage for multiple users over a 6km range and be set up in just 15 minutes, explains Huawei's Norman Frisch.
LRTV Huawei Video Resource Center
On Videos: Challenges & Opportunities

3|26|15   |   5:56   |   (0) comments


Most everything is now connected. And along with 4K and 4G technologies, everyone could be creating and broadcasting video contents. Users are expecting better video experience with any screen, anywhere and anytime. Operators will meet new challenges, but also see some big opportunities.
LRTV Custom TV
JDSU: Delivering Dynamic Networks for a Personalized Experience

3|26|15   |   5:59   |   (0) comments


Light Reading speaks to JDSU at Mobile World Congress 2015 about new solutions in the areas of HetNets, VoLTE, backhaul, virtualization, big data analytics, and real-time intelligence.
LRTV Custom TV
Smarter Service Chaining & New Ways to Benefit From Qosmos Technology

3|25|15   |   03:11   |   (0) comments


David Le Goff, director of strategic and product marketing at Qosmos, explains how the company has added application awareness to subscriber information to make service chaining more efficient and reduce costs for networking and infrastructure. In addition, Qosmos technology, which has been delivered as C libraries, is now also available as a virtual machine, ...
Between the CEOs
Qosmos CEO: The Changing Face of DPI

3|24|15   |   13:53   |   (0) comments


LR CEO and Founder Steve Saunders sits down with the head of Qosmos to talk about the changing state of the art in deep packet inspection technology, including its role in SDN and NFV architectures. Also, how the comms market is becoming more like the automotive industry.
LRTV Huawei Video Resource Center
FC Schalke Scores With Its Agile Stadium

3|24|15   |   6:23   |   (0) comments


Top German soccer club FC Schalke 04 has deployed a new, agile WiFi network from Huawei in its Veltins-Arena stadium and is reaping the benefits in terms of customer satisfaction and business opportunities, explains marketing chief Alexander Jobst.
LRTV Huawei Video Resource Center
Huawei’s Insights on Mobile Video

3|24|15   |   7:51   |   (0) comments


More people than ever are now watching videos on smartphones. Seventy percent of mobile traffic will be video traffic until 2018. In this video, Huawei's exports give their insights on mobile video in terms of business model, network planning and 4G network construction.
LRTV Documentaries
The Rise of Industry 4.0

3|24|15   |   02:26   |   (9) comments


Are you ready for the fourth industrial revolution? It's a big deal for influential operators such as Deutsche Telekom.
LRTV Huawei Video Resource Center
Getting Connected With eLTE

3|23|15   |   06:04   |   (0) comments


Trunked radio communications have entered the 4G LTE world, and with Huawei's eLTE solution, can now deliver a full range of data and video services as well as push-to-talk voice, explains Huawei's Norman Frisch.
LRTV Huawei Video Resource Center
Funkwerk’s on Track With Huawei

3|19|15   |   3:23   |   (0) comments


GSM-R technology specialist Funkwerk and Huawei have forged a partnership that is benefiting both parties, notes Funkwerk's Gottfried Winter.
LRTV Documentaries
How EANTC Tested Cisco's Virtualization Solutions

3|18|15   |   5:49   |   (0) comments


Carsten Rossenhövel, managing director of independent test lab EANTC, tells Light Reading founder and CEO Steve Saunders about the innovative approach his team had to take when validating Cisco's service provider virtualization and cloud solutions.
Upcoming Live Events
April 14, 2015, The Westin Times Square, New York City, NY
May 5, 2015, Hyatt McCormick Place, Chicago, IL
May 6, 2015, Georgia World Congress, Atlanta, GA
May 12, 2015, Grand Hyatt, Denver, CO
May 13-14, 2015, The Westin Peachtree, Atlanta, GA
June 8, 2015, Chicago, IL
June 9-10, 2015, Chicago, IL
June 9, 2015, Chicago, IL
June 10, 2015, Chicago, IL
September 29-30, 2015, The Westin Grand Müchen, Munich, Germany
All Upcoming Live Events
Infographics
Hot Topics
AT&T Woos SMBs With Small-Scale WiFi
Sarah Thomas, Editorial Operations Director, 3/26/2015
The Rise of Industry 4.0
Ray Le Maistre, Editor-in-chief, 3/24/2015
Google Hires Wall Street's Most Influential Woman as CFO
Dan Jones, Mobile Editor, 3/24/2015
Average US Broadband Speeds No Great Shakes
Mari Silbey, Independent Technology Editor, 3/25/2015
Net Neutrality Suits: Only The Beginning?
Alan Breznick, Cable/Video Practice Leader, 3/24/2015
Like Us on Facebook
Twitter Feed
Webinar Archive
BETWEEN THE CEOs - Executive Interviews
LR CEO and Founder Steve Saunders sits down with the head of Qosmos to talk about the changing state of the art in deep packet inspection technology, including its role in SDN and NFV architectures.
Chattanooga’s EPB publicly owned utility comms company has become a poster child for how to enable a local economy using next-gen networking technology. Steve Saunders, Founder of Light Reading, sits down with Harold DePriest, president and CEO of EPB, to learn how EPB is bringing big time tech to small town America.
Cats with Phones
Interspecies Phone Love Click Here
"No, you hang up."
"No, YOU hang up."
Latest Comment