http://www.markevanstech.com/2005/12/16/rim-wins-a-round/ A Canadian Take on the Web Thu, 28 Aug 2008 03:08:27 +0000 http://wordpress.org/?v=2.6 http://www.markevanstech.com/2005/12/16/rim-wins-a-round/#comment-828 Rob Hyndman Fri, 16 Dec 2005 21:01:11 +0000 http://markevanstech.com/?p=1162#comment-828 "Examination" or "extermination"? But seriously folks, this isn't the first rejection of these patents - it's the second. The USPTO has rejected them all in preliminary actions, and this is its second kick at the can. So, quite right - why indeed can't they wait, especially since there will be no way for RIM to recover money paid in the mistaken belief that a patent was valid. Makes no sense. Injunctions should not be granted until and unless the patent is known to be finally issued. And if the USPTO can't get jiggy with that now, they should stop issuing patents until they figure it out. “Examination” or “extermination”?
But seriously folks, this isn't the first rejection of these patents - it's the second. The USPTO has rejected them all in preliminary actions, and this is its second kick at the can.
So, quite right - why indeed can't they wait, especially since there will be no way for RIM to recover money paid in the mistaken belief that a patent was valid. Makes no sense. Injunctions should not be granted until and unless the patent is known to be finally issued. And if the USPTO can't get jiggy with that now, they should stop issuing patents until they figure it out.

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