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Re: Everything You Wanted to Know about NTP But...
by
Jim Courtney
It was great to be able hear the evolution of the other side of the story. About 12 years ago, someone made the claim to having invented the microprocessor and started a process to make good on his "patent". I met him once through a PR person (who was also doing his PR work) I was working with at the time. Unfortuately for him he did not have the resources to even get to a trial stage, even if he had a legitimate case. And the Qualcomm analogy is an ideal one.
And why do technology executives always make overly gross assumptions about what they can get away with under cross examination? I know and highly respect Mike Lazaradis at RIM (inasmuch because I am a physicist by training -- with what he has done with The Perimeter Institute) but at trial he made the same mistake as Bill Gates made at the DOJ Anti-Trust trial. (Mike tried to "deny" that RIM actually deliver email according to the NP story.) It also happened in a trial about twenty years ago involving one of my former employers involving scientific instrumentation. Jurors are not stupid and take exception to evidence that is easliy repudiated by the prosecution. Having given testimony in a trademark case once, the best advice I got was "answer the questions honestly" but just focus on the question and do not go off course such as to beg a new line of questioning.
(BTW, my employer of the day lost their case partially because it was getting late into December and the jury wanted to be home for Christmas. But it was the implausible testimony that influenced the jury to decide to rush a decision.)
Another previous employer was also sued for patent infringement related to what is now known as MRI. However, in their case they had enough patent intellectual property to be able to countersue; this was great leverage in being able to mitigate any royalty or cash payment damages. Their resolution resulted in a win-win for all parties. One of the problems RIM is up against is that NTP is not an operating company that has a production capability that would need some RIM patents for their ongoing business activity.
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