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  • c345789 c345789 Dec 4, 2005 3:44 PM Flag

    workaround revealed

    I think your analysis is essentially correct. From what I understand the time pressure on RIMM (i.e. an injunction) is much greater that the time pressure on NTP (i.e. patent cancellation without further review avenues). I am not a game theory expert but it appears that during the coming weeks NTP could reasonably insist on a nonrefundable amount the present value of which is at least equal to the the loss that RIM would incur during the period of the injunction. As to whether an injunction is appropriate, refer to the Ebay/MercExchange litigation

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