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A former district judge, Albert V Bryan Jr, set the tone back in the 1960s It s said he could try an entire case in an afternoon Judge Bryan was so speedy that, according to local defense lawyer Edward B MacMahon Jr, the only grounds for a delay were a death in the family your own Quick trials normally favored plaintiffs such as NTP by cutting their legal costs, while it worked against defendants such as RIM, forced to spend billable time untangling complex technical issues However, in this case Stout knew RIM was a big billy goat, with relatively deep pockets He wanted quick proceedings so RIM would not have time to assemble an airtight case, research prior art, and get all NTP s patents re-examined by the US Patent and Trademarks Of ce RIM responded to the suit in a short news release, saying NTP s claim was unsubstantiated and snif ng that NTP s earlier licensing demand was simply a collection of seemingly random marketing materials printed from RIM s website Lazaridis for one was totally convinced that there was a body of prior art that made NTP s patents invalid To chase away the troll, RIM engaged the large, 2,000-partner Cleveland-based mega rm Jones Day Reavis and Pogue Jones Day had a track record for wearing down opponents with paper lings and delays
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Frankly, I never thought this case would make it to trial Judge James Spencer, 2003 On the Virginia court s rocket docket, things moved rapidly, and Judge James Spencer was picked to hear the case Despite numerous motions led by Jones Day, a jury was impaneled by mid-2002
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Judge Spencer was a fteen-year veteran of the Virginia court, with a reputation for blunt talk and fair treatment The son of an auto mechanic, he became a Baptist minister before deciding to go to law school An honors graduate of the Harvard Law School, he served as an Army lawyer before being appointed to the bench by Ronald Reagan He was the rst African American to serve as a federal judge in Virginia Spencer was surprised to see the NTP-RIM case on his docket since cases such as this were usually settled out of court or at the last minute on the courtroom steps Judge Spencer called the trial to order on November 4, 2002, in Richmond, Virginia, the original capital of the Confederacy The oldest part of the court complex, situated across from the State House, once served as the Treasury building of the Confederate States of America, and Jefferson Davis had had his of ce on the third oor Mike Lazaridis came face to face with Tom Campana on that day The two inventors one a beefy Greek, the other a rail-thin Italian listened intently as counsel droned on in their opening statements about the facts of the case Campana came to the trial with a chip on his shoulder He felt that Lazaridis was underestimating his work by daring to go to trial As he told his father, I made up my mind that if they didn t co-operate I was going to close them down For his part, Donald Stout played the folksy country lawyer, arguing that RIM wasn t taking the patents of a small inventor such as Campana seriously When RIM s legal team started to present its case, they were clearly rushed, and made an initial slip up a taste of things to come They insisted that Research In Motion had written a letter to NTP telling them they weren t infringing on their patents But when Stout asked to see the letter, RIM s team was unable to produce any evidence to show that RIM had ever acknowledged
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