The jury finally found that the NTP patents were valid;
moreover, the jury established that RIM had infringed the patents in a "willful" method, and the infringement had value
NTP US$33 million in damages (the better of an inexpensive royalty or
misplaced profits). Under the phrases of the settlement, RIM has agreed to
pay NTP $612.5 million (USD) in a "full and remaining settlement of all claims." In a
press release, RIM stated that "all phrases of the settlement have been finalized and the litigation in opposition to RIM has been dismissed by a courtroom order this afternoon. The agreement eliminates the need for any additional courtroom proceedings or selections regarding damages or injunctive relief." The settlement amount is believed low by some
analysts, because of the absence of any future royalties on the technology in query.
He also instructed RIM to pay NTP's legal charges of US$4.5 million and issued an injunction ordering RIM to cease
and desist infringing the patents-this determination would have resulted
within the closure of BlackBerry's programs in the US. The
injunction and other treatments were stayed pending the result of the appeals.
On February 9, 2006, RIM announced that
it had developed software program workarounds that wouldn't infringe the NTP patents,
and would implement those if the injunction was enforced.
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