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Ruminations On RIM Non-Ruling

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In This Issue: Ruminations On RIM Non-Ruling
1. Editor's Note: Is Judge Pushing RIM Toward A Settlement?
2. Today's Top Story
    - Update: Judge Stops Short Of BlackBerry Cutoff (Reuters)
    - Key Dates In BlackBerry Patent Battle (Reuters)
    - Despite Reprieve, BlackBerry Shutdown Threat Still Looms For Users
3. Breaking News
    - Political Group Tries To Stop AOL's Certified E-Mail Service
    - Google Exec Concedes Privacy Could Be A Problem
    - Critical Shockwave Install Bug Fixed
    - Microsoft Vows To Fight Korea's Windows Ruling ...
    - ... And Will Make EU Dispute Documents Public (Reuters)
    - DoD Plans To Deploy RFID In Operations With 24 Nations
    - U.S. Hitting A Ceiling On Internet Households
    - EC Renews Call For European Institute Of Technology
    - Dubai Port-Security Deal Could Threaten High-Tech Defenses, Say Critics
    - Gaming, Celebrity URLs: Riskiest Web Sites
    - Google's New Web Site Hosting Service Overwhelmed
    - HP Readying For Second-Gen RFID
4. Grab Bag: News You Need From Around The Web
    - Study Says U.S. Tech Hiring Grows (CNNMoney.com)
    - Cell Providers' Dirty Secret (San Francisco Chronicle)
    - Work More, Do Less With Tech (Reuters)
5. In Depth: IT Careers
    - Careers: Keeping Older Tech Workers On The Job Longer
    - Offshoring's Impact On Future Tech Jobs Is Overrated, Says Study
    - Blog: Bush's Pro-India Stance Shows He's Got The Facts Right About Outsourcing
    - Report: Homeland Security To Get Big IT Spending Boost
    - U.S. Firm Sponsors IT Talent Contest In India
6. Voice Of Authority
    - Are Your Kids Safe Online?
7. White Papers
    - Storage Networks - What You Should Know
8. Get More Out Of InformationWeek
9. Manage Your Newsletter Subscription

Quotes of the day: Violence

"Violence is the last refuge of the incompetent." -- Isaac Asimov

"Those who make peaceful revolution impossible will make violent revolution inevitable." -- John F. Kennedy

"Opinions founded on prejudice are always sustained with the greatest of violence." -- Francis Jeffrey


1. Editor's Note: Is Judge Pushing RIM Toward A Settlement?

It certainly looks that way after Friday's hearing on the latest chapter of the Research In Motion-NTP saga. U.S. District Judge James Spencer didn't issue an immediate injunction to shut down the BlackBerry service, as many had expected. He said he would make a final decision as soon as possible, although stating loud and clear that RIM had been found to violate NTP's patents. It looks like he's trying to buy more time and drive the two companies to settle outside of court.

Judge Spencer said in court on Friday that neither RIM nor NTP would be happy with the legal decision he would impose and that it might be "imperfect." On the other hand, a settlement would allow the companies to work out terms that would benefit both sides. Some say, however, a settlement that covers future use could reach as much as $1 billion.

At this point, a settlement looks like the best way out for RIM. Despite final rejections issued by the U.S. Patent and Trademark Office this week, the U.S. District Court maintains that RIM infringed on NTP's patents.

Now NTP could appeal the patents once again, prolonging the case even further. One report says NTP asked Judge Spencer to order RIM to pay $126 million in damages for past infringement, as well as to impose an injunction with a 30-day grace period.

But RIM seems to be confident in the case it has presented. RIM Co-CEO Jim Balsillie provided InformationWeek with the following statement:

"NTP has been very disingenuous with the court and the public. They have not offered RIM an agreement with reasonable terms, and our court filings demonstrate that fact clearly. RIM filed an affidavit from a leading licensing expert that unambiguously explains that NTP's settlement offer is disingenuous and illusory. NTP wants the world to believe they're being reasonable in order to limit the public outrage, but the truth was exposed in court today. NTP also failed to demonstrate any credible plan to protect the nearly one million users that the government believes should be exempt from any potential injunction.

"As of today, all of the patents remaining in dispute have also been rejected by the Patent Office reexamination team, despite NTP's clear efforts to obstruct the process. These rulings vindicate RIM's position and prove that the patents should have never been issued in the first place.

"We're looking forward to the eventual decision, and we're feeling comfortable with our contingency plans in any event."

As I mentioned in my previous blog, even if an injunction is issued in the coming weeks, a grace period will allow RIM and NTP to decide on a settlement. After all, the judge made it clear during the hearing that it's something the companies should have done a long time ago.

Elena Malykhina
emalykhina@cmp.com
www.informationweek.com


2. Today's Top Story: RIM

UPDATE: Judge Stops Short Of Blackberry Cutoff (Reuters)
Research In Motion and its customers get a temporary reprieve. But the judge also reminded RIM that it had already been found in violation of NTP patents.

Chronology: Key Dates In Blackberry Patent Battle (Reuters)

Despite Reprieve, BlackBerry Shutdown Threat Still Looms For Users
Companies that rely on the devices are deploying alternatives and preparing to roll out software patches from vendor Research In Motion. But the change will be expensive for many. RIM, meanwhile, is scrambling to avert a shutdown.


3. Breaking News

Political Group Tries To Stop AOL's Certified E-Mail Service
MoveOn.org plans to hold a news conference on Tuesday to unveil a number of organizations that have joined it in opposing AOL's pay-to-send system as just more spam.

Google Exec Concedes Privacy Could Be A Problem
The company's Search Across Computers feature does pose potential security risks, a Google exec admits, but he says it's an issue for which IT, and not the vendor, is responsible.

Critical Shockwave Install Bug Fixed
Users can breathe easy; the bug was patched the same day it was announced.

Microsoft Vows To Fight Korea's Windows Ruling ...
In the final ruling, the Korean commission ordered Microsoft to offer two new Windows editions. One must strip out Windows Media Player and Windows Messenger and would be similar to the "N" version ordered last year by the European Union.

... And Will Make EU Dispute Documents Public (Reuters)
Still trying to persuade the European Commission not to impose the $2.4 million daily fine, Microsoft is making public what until now had been its confidential responses to the EU's antitrust charges.

DoD Plans To Deploy RFID In Operations With 24 Nations
The goal to share information and create interoperability among nations hasn't been easy to pull off.

U.S. Hitting A Ceiling On Internet Households
Most non-Web users have no intentions of linking up, a new survey says.

EC Renews Call For European Institute Of Technology
Details of the proposal are emerging. The Institute will be a virtual multisite organization to help connect research teams and university departments in strategic fields from across Europe.

Dubai Port-Security Deal Could Threaten High-Tech Defenses, Say Critics
Bush administration critics worry that high-tech devices and strategies, such as biometrics, RFID, and radiation sensor technology being installed at ports, could fall into the wrong hands.

Gaming, Celebrity URLs: Riskiest Web Sites
These Web sites are significantly more likely to host spyware and launch "drive-by downloads," the term for the hacker practice of using browser or Windows vulnerabilities to silently install software.

Google's New Web Site Hosting Service Overwhelmed
Google temporarily suspends signing up new accounts for its Web site hosting service due to heavy demand.

HP Readying For Second-Gen RFID
Hewlett-Packard uses RFID to identify and track pallets and boxes of various products shipped to some retail distribution centers and will first switch its inkjet printer lines over to the new tags.

All Our Latest News

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4. Grab Bag: News You Need From Around The Web

Study Says U.S. Tech Hiring Grows (CNNMoney.com)
Trade group reports that domestic increase in technology jobs offsets the work being sent overseas.

Cell Providers' Dirty Secret (San Francisco Chronicle)
Would you pay full price for a used cell phone number? Chances are, you already have.

Work More, Do Less With Tech (Reuters)
Technology is supposed to help office workers be more efficient, but it's not only speeding up the workflow, it's interrupting it. So U.S. workers feel they accomplish less in the same amount of time.


5. In Depth: IT Careers

Careers: Keeping Older Tech Workers On The Job Longer
Nearly a third of all U.S. workers will soon be over the age of 50 and nearing retirement. Combine that with fewer young people entering tech careers, and that leaves a skills and staff gap that older workers can fill.

Offshoring's Impact On Future Tech Jobs Is Overrated, Says Study
Savings from offshoring allows companies to invest in new business opportunities, creating new jobs.

Blog: Bush's Pro-India Stance Shows He's Got The Facts Right About Outsourcing
Legislative efforts to restrict the outsourcing of IT and other services jobs to India would hurt America more than they would help it. Most business people and economists know this, and it appears President Bush knows it, too, says Paul McDougall.

Report: Homeland Security To Get Big IT Spending Boost
The DHS increase of some $772 million represents 44% of new federal IT outlays, says researcher Input.

U.S. Company Sponsors IT Talent Contest In India
The contest is part of U.S. Technology Resources' plan to recruit up to 27,000 employees from the region in the next few years.


6. Voice Of Authority

Are Your Kids Safe Online?
You know the old saying: Timing is everything. The best time to start a new diet, for example, is not the same week Girl Scout cookies are delivered. I learned that lesson last week, and I'm not turning back until the last Thin Mint has been consumed! So when is the right time to find ways to keep your kids safe online? In a word: Now, says Stephanie Stahl.


7. White Papers

Storage Networks - What You Should Know
The need for storage is growing exponentially. The total disk storage in the world grew by 59.3% to reach 457 petabytes. This includes storage inside the computers and in external storage devices. This white paper highlights some of the factors you should consider when choosing a storage solution.


8. Get More Out Of InformationWeek

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