d[POSTED TO alt.internet.wireless - REPLY ON USENET PLEASE]
Have you? Seriously? (Other than USA Today?)
RIM Provides Update On NTP Inc. Vs. RIM Litigation
Judgment and Injunction Vacated; Case Remanded To District Court
Waterloo, ON - Research In Motion (RIM) (Nasdaq: RIMM: TSX: RIM) provided an update today following receipt of a ruling this afternoon from the United States Court of Appeals for the Federal Circuit in regard to the NTP Inc. vs. RIM litigation.
In response to RIM?s appeal of a judgment of the U.S. District Court for the Eastern District of Virginia, the United States Court of Appeals for the Federal Circuit ordered the judgment vacated and the case remanded to the District Court for further proceedings. The Court of Appeals also ordered the injunction (previously imposed and stayed by the District Court) vacated.
[MORE]HINT: Look up the meaning of the legal term "vacated".
It is indeed. RIM has lost, and must either settle with NTP or face the legal consequences.
If RIM had a viable work-around it would have presumably deployed it by now, rather than running up a *lot* more liability (in the hundreds of millions of dollars), which it will still owe NTP even if the work-around is successful.
The only thing RIM can appeal is the correctness of the judgement, and then only on the existing record -- no new evidence can be introduced or considered. Game over.