RIM Details Patent Workaround Plan

By Ed Oswald | Published February 9, 2006, 11:13 AM

Blackberry maker Research in Motion released details of a software workaround Thursday, which would be implemented in the event it loses a February 24 injunction hearing. A decision is expected there that could shut down the service in the United States. The workaround would require users to download a software update, however it would keep the BlackBerry messaging system working.

Chairman and co-CEO of RIM Jim Balsillie said he remained optimistic that RIM and NTP could reach a settlement, however he warned NTP of making threats and said the workaround "will hopefully lead to more reasonable negotiations since NTP risks losing all future royalties if the workaround is implemented." According to RIM, the workaround has already been vetted for any legal issues and found that it would not infringe on any NTP patent.

Comments

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"If RIM already has a work around why don't they just implement it and save themselves from paying any money to NTP?"

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They just won in two European courts, and may figure they got a good chance of ultimate victory in American court.

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The Computer Rodent

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It's just a temporary workaround, it's not the solution. It's best to settle the case.

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It's not a "temporary workaround" - it's a permanent fix that uses a different message queuing process for units operating in the US. It means that messages not delivered immediately (due to the unit being out of coverage) are sent back to the company Blackberry server rather than being queued by the service provider hub. This method is believed to circumvent any claims made by NTP.
Frankly, if they have gone to this much effort and expenditure to develop this system, they much privately think that NTP have some case and chance of winning.
Either that or they are bluffing and trying to force NTP's hand.

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If RIM already has a work around why don't they just implement it and save themselves from paying any money to NTP?

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Because it requires a software update to be loaded on every Blackberry handset used in the US, as well as a software update to be loaded on every Blackberry Enterprise Server (for those organizations which run their own) in the US.

In other words, RIM would have to bother a lot of customers. Many of these people would just give you a blank stare if you started talking about "flashing firmware." And some of these folks might decide to switch services rather than put up with the hassle. The mere fact that you read this site means you're probably the type of person who doesn't think a software update is any big deal, but there are probably several hundred million VCR clocks in the world which have been blinking 12:00 for the past 20 years. Their owners are the type of people who represent the majority of the population.

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