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BlackBerry Case: Not Good Sign For Patent Challengers

Woolston, CEO of MercExchange, is in a patent fight with eBay over the online auction house’s “Buy It Now” feature. Snyder heads Forgent Networks, the holder of a JPEG compression technology patent and plaintiff in dozens of lawsuits contending some major corporations owe it licensing fees. And last month, the government granted Balthaser a patent on a process involving the use of rich media over the Internet.

What all three of these patent holders have in common with NTP is that their patents are under attack. The likelihood that the Patent Office might invalidate NTP’s patents is meaningless. BlackBerry was forced to settle even though one day NTP might not have the right to enforce the patents. But today the patents are enforceable, and there’s nothing RIM or anyone else can do about it.

It’s much like the kid who owns the ball in the playground. He determines the rules of the game and who gets to play. For now, right or wrong, Tom, Dick, and Neil own the ball and control the court, and that’s all that seems to count.

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