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U.S. Judge James R. Spencer pushed for them both to settle the dispute. He commented that he was astonished that they hadn’t come to compromise yet.
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For anybody that has been involved with lawsuits, this was basically a nice way of slapping the two companies in the face for forcing the judge into this situation. Spencer did say that he will issue his opinion on the damages that will be incurred first and than possibly issue an injunction blocking sales of the BlackBerry wireless email devices.
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Another bit of insight in the case is that the judge didn’t ask any questions this time implying that his mind is already made up on what he is going to rule. The only question he had was in reference to certain government officials being allowed an exclusion from his ruling.
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The judge has continually said that he is looking at the jury’s finding of willful infringement rather than a rushed reexamination of the patents involved. Whatever does happen NTP could appeal it all the way to the U.S. Supreme Court.
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Again Judge Spencer gives a subtle warning to both sides as he said that when he issues a ruling next week, if there isn’t a settlement by then, both sides will be unhappy with his legal decision.
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In an odd strategy RIM took its entire presentation and used it to argue that if there was an injunction issued against their devices that it would have a severe affect upon business productivity in general.
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He rejected RIM’s assertion that the future of our economy and civilization would be affected in the case of a BlackBerry blackout.
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The judge finally made this comment, “In plain words, the case should have been settled, but it hasn’t so I have to deal with that reality.”
I’m not sure what these companies aren’t hearing in this case, but I, for one, believe the judge when he tells them that neither side will like the outcome.
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