RIM Takes Another Shot
The latest setback for RIM is likely to be the one that forces a settlement in the long-running dispute, says David Schamens, partner with Invictus Funds.
"I think the market wants this uncertainty out of the way. If it is, the stock might really rip," says Schamens, whose fund has no position in RIM.
Shutting down the service wouldn't be in anyone's interest, says Ovum's Entner.
"The worst case scenario is that existing users won't be forced to shut down, but there might be an injunction on selling to new subscribers," says Entner.But NTP co-founder Don Stout says he will pursue an injunction if that's what it takes to get RIM to recognize its legal obligation. "Here is a company that's a willful infringer and they don't want to pay us a dime," says Stout. "And if they refuse to pay us a dime, they are going to get shut down. We have no choice but to keep them shut down until they choose to take a license." Jeff Neuburger, a patent attorney with Brown Raysman Millstein Felder & Steiner in New York, says Wednesday's court action "puts RIM in a very difficult position." "They don't have a lot of options available to them," says Neuburger. From a legal perspective, "I don't see a lot of hope for them on the horizon," he says. But RIM's statement Wednesday noted that the Supreme Court recently
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