RFE&M Partner Quoted on Visto Corp. v. Research In Motion Ltd. Case
May 14, 2006 – BBC News

Rothwell, Figg, Ernst & Manbeck partner Steven Lieberman is quoted by BBC News on the Visto Corp. v. Research In Motion Ltd. patent infringement case recently filed in the U.S. District Court for the Eastern District of Texas. RIM is the sixth company to be sued by the mobile e-mail firm recently for patent infringement. Visto’s targets have been both large and small, and include Microsoft, the world’s largest software company. An Eastern District of Texas judge recently awarded Visto damages in the amount of $3.6 million in a patent infringement case with rival Seven Networks Inc. Visto representatives state that the company is only filing these lawsuits in an effort to protect its technology from those companies that have misappropriated it. Visto’s technology portfolio consists of 30 patents, all of which relate to the areas of synchronization, remote access and security. Others in the industry, particularly some of the companies Visto has taken aim at, disagree and believe that Visto is aggressively pursuing these lawsuits in an effort to obtain as much value as it can out of its patent portfolio. Some industry analysts feel that Visto, despite a relatively large war chest, is spreading itself too thin by challenging well-financed opponents such as Microsoft and RIM, in addition to a number of smaller companies.

• But intellectual property lawyer Steven Lieberman of Rothwell, Figg, Ernst & Manbeck, is not so sure. He has found that more than 80% of cases that go to trial in the Eastern District of Texas, Visto’s court of choice, are decided in favor of the plaintiff. "So, at least at the trial level, Visto would appear to have a high chance of success," he says.

For more information, please contact Steven Lieberman at 202-783-6040 or slieberman@rfem.com

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