Push email developer RIM had asked the courts on Thursday to enforce the settlement terms announced in March, designed to resolve current litigation between the two companies.
But NTP filed an appeal of its own opposing RIM’s action.
RIM’s motion is without legal foundation and … simply continues RIM’s ceaseless campaign to avoid facing the consequences of its adjudged and affirmed ongoing willful infringement of NTP’s patents, stated NTP legal documents filed in the US Court of Appeals for the Federal Circuit.
RIM and NTP’s lawyers did not return calls for comment.
RIM knows it cannot win its purported enforcement action at the District Court, claims NTP. RIM simply seeks to start another multi-year appellate cycle regarding the District Court’s eventual decision on RIM’s unfounded claims.
On the agreement reached in March, NTP said, because of RIM’s pressing need to leave town, the signed agreement was limited to a vague, ambiguously-worded term sheet and that substantial negotiations were required by March 31. However, NTP alleges RIM — no doubt appreciating the tenuous finality of the term sheet did not proffer payment of the license fee.
In its motion asking to send the case back to court to enforce the settlement, RIM had accused NTP of refusing to complete the final agreement.
But NTP alleges, Through its present motion, RIM merely seeks to foist upon NTP a set of settlement conditions for which RIM could never have bargained and that NTP never would have accepted.
