Jul 09 AT 3:15 PM Nick Gray 36 Comments

NTP names Google, HTC, LG, Motorola, Microsoft, and Apple in new wireless email patent lawsuit

Those of you who have been using smartphones since before Android was even a whisper might remember a company by the name of NTP.  For those of you who are relatively new to the smartphone sector, NTP is a small patent holding company which chose to pick a fight with RIM nearly a half decade ago.  The dispute about wireless email patents was finally settled in 2006, granting NTP a $612 million settlement.  Later in 2006, NTP tried their luck against Palm, but the lawsuit was put on hold in early 2007 for unknown reasons.

After three years of silence, NTP is on the attack again, seemingly going after all the big players in the mobile market.  NTP has just announced that they are bringing patent infringement lawsuits against Google, HTC, LG, Motorola, Microsoft, and Apple.  While Tom Campana, the founder of NTP, holds validated patents from the USPTO Board which indicate that he was in fact the inventor of wireless email, we do not have any indication right now that hardware and software technologies used by Google and the other named parties actually infringe on of the patent claims.

NTP’s press release states that the lawsuit is necessary in order to “ensure that those companies who are infringing NTP’s patents will be required to pay a licensing fee” since their unlawful use of NTP’s patented technology is unfair to NTP’s current licensees.  We are not sure how the lawsuit will affect Android or any future development of the OS, but we are pretty confident that Google will do anything in its power to make sure that Android remains an open platform.  The original lawsuit against Rim lasted five years, so don’t expect a resolution for this case any time soon.

Show Press Release
NTP Sues Apple, Google, HTC, LG, Microsoft and Motorola for Infringement of Wireless Email Patents

RICHMOND, Va., July 9 /PRNewswire/ — NTP Incorporated, the company founded by Tom Campana, the inventor of wireless email, yesterday filed lawsuits against Apple, Inc., Google Inc., HTC Corp., LG Electronics Inc., Microsoft Corporation, and Motorola, Inc. in the United States District Court for the Eastern District of Virginia for infringing NTP’s eight patents related to the delivery of electronic mail over wireless communications systems. Each of the defendants is a manufacturer or developer of either wireless handheld devices or software applications used in the delivery of email across wireless communications systems.

Donald E. Stout, NTP’s co-founder, said, “Use of NTP’s intellectual property without a license is just plain unfair to NTP and its licensees. Unfortunately, litigation is our only means of ensuring the inventor of the fundamental technology on which wireless email is based, Tom Campana, and NTP shareholders are recognized, and are fairly and reasonably compensated for their innovative work and investment. We took the necessary action to protect our intellectual property.”

NTP is best known for its long litigation and eventual settlement with Research in Motion (RIM), maker of BlackBerry® wireless devices. In that litigation, all the claims asserted at trial were found to be valid and willfully infringed by RIM, and the verdict was ultimately affirmed on appeal by the U.S. Court of Appeals for the Federal Circuit.

Spurred by that litigation, the U.S. Patent and Trademark Office (USPTO) moved to re-examine NTP’s patents. In December 2009, in spite of the massive effort by the USPTO to overturn NTP’s patents, the USPTO Board of Patent Appeals (USPTO Board) ruled that 67 of NTP’s patent claims in four patents are valid, including three claims that RIM was found to have infringed. Infringement of a single claim is all that is needed for a patent to be deemed violated.

NTP has also filed an appeal to the U.S. Court of Appeals for the Federal Circuit to overturn the USPTO’s remaining rejections of NTP’s patent claims.

“The filing of suit today is necessary to ensure that those companies who are infringing NTP’s patents will be required to pay a licensing fee,” Mr. Stout continued. “In view of the USPTO Board’s ruling, the debate over whether Mr. Campana was an originator in the field of wireless email is over. No patents in U.S. history have received as much scrutiny as NTP’s patents. We are delighted that the USPTO Board has recognized the groundbreaking innovation of Mr. Campana by confirming 67 of NTP’s patent claims. We are also confident that the USPTO’s rejections, which are on appeal before the U.S. Court of Appeals for the Federal Circuit, will be overturned.”

About NTP Incorporated

NTP Incorporated is a privately-held intellectual property firm based in Richmond, Virginia that was founded in 1992 by the late inventor Thomas Campana, Jr. and his partners. NTP’s intellectual property includes patents relating to technologies involving wireless email which Mr. Campana developed as lead inventor in 1990. Mr. Campana was awarded over 50 patents in his career and invented a wireless location technology that helps parents find their children which received first prize at the 1996 Consumer Electronics Show. NTP has licensing agreements with Research in Motion Limited, Good Technology, Inc., Nokia Inc., and Visto Corporation.

Nick is a tech enthusiast who has a soft spot for HTC and its devices. He started HTCsource.com (the first HTC blog) back in 2007 and later joined the Android and Me family in the summer of 2010.

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  • http://Website Neil Lund

    This will bea fun one to keep an eye on. Lol :)

    • http://Website Noriega713

      Right…most of the time these companies are against each other…

  • http://leperkhanz.com rhY

    Ben Franklin would have some very harsh words for the way our system is running right now. Patents are evil period.

    • Nick Gray

      To say patents are evil is a little harsh. They are in place to protect people’s and company’s rights after they spend time and money on R&D. But there are a few huge flaws in the system. First off, patents should not last 20 years and should only be valid of the patent holder actually produces a product that uses said patent.

      NTP can be considered a patent troll since they hold over 50 different patents and yet to not have any products that take advantage of them.

      • http://Website Titty!

        To say that patents are evil, isn’t harsh.
        Freedom of speech? Hellloo.
        But yes patents right now, are ridiculous!
        At least the regulations in keeping and being awarded one are.
        USA has no control I tell you,
        Niether should these companies.

        Wireless industry is at war.
        Long live Android.

    • http://Website James

      Aren’t the people the evil ones?

  • http://Website Tim

    So my net book is wireless, does that infringe on the patent

    • http://Website Geo

      At this point, I believe we are infringing some sort of patent by just living and breathing.

  • http://Website Nu11u5

    Maybe if the patent is on a wireless push email system.. – otherwise, what differentiates it from say email on a laptop with 3G?

    It must then be something similar with Apple, able to own several hundred patents because they added a “on a handheld device” clause at the end.

  • http://www.mobilebrazzers.com Brazzers for Mobile

    Ha.. Good Luck with that :)

  • http://Website ari-free

    FYI Tom Campana died in 2004. That’s how crazy this is.

  • http://Website Daniel

    Maybe I’m misreading something, but the article seems contradictory when talking about RIM’s case.

    They “chose to pick a fight with RIM nearly a half decade ago”, which I understand that’s something around 2005—2006, and “finally settled in 2006″. But by the end of the article you state that “the original lawsuit against Rim lasted five years”. It should have started long before 2006 for that, no?

  • http://Website Steve A

    How can one patent wireless email? “Things are just about to start getting crazy go nuts!” -Strong Bad

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    “NTP” is shooting themself in the foot by taking on so many big players. Sure, RIM – but ALL of the major players?

    There’s one thing I’ve learned recently – if someone has enough money to throw around they can always get their way.

  • http://Website gethoht

    NTP are most certainly patent trolls and are parasites, plain and simple. They didn’t invent anything, they don’t produce anything, they just cleverly worded a ridiculously obvious idea to get it by some overworked clerk at the patent office. Shame on Nokia and other companies for licensing “Wireless E-mail” technology from a company that has absolutely nothing to do with either. Shame on RIMM for settling. I hope one of these companies(don’t be evil) fights the good fight and takes this to court and sets a precedent. Companies like NTP should have criminal penalties levied against them for abusing the patent and legal systems if they lose. Our patent system is severely broken and companies like this need to be taught a very hard lesson.

  • http://Website geololj

    Google will buy NTP and everything will be ok :P

  • kungpaodragon

    What does that mean for a patent of “wireless email”? What about sending emails using a PC through wireless network? Does that infringe, too?

  • http://Website Darnell

    Wow man. Those dudes need to chill…

  • http://Website Lol

    I hope the CEO of NTP dies a horrible death in the near future. Liek, lol, I hope they hang him by his balls from a fishing hook, then shoot him in the face. And I hope the person to do it is the Android mascot.

    • http://Website Geo

      Everything you just said in that comment is infringing patents created by NTP Three hundred and seventy five years ago.

      :( Patent Troll strikes again.

  • http://Website Nakki

    Patent squatting is horrible, the patents are always vague and up for interpretation based on the situation. Basically they intentionally leave every door open so that everything infringes on the patent.

    I say you get a patent and have 3 years to produce a marketable product otherwise the patent drops and becomes out of patent and free to use by anyone.

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