So, as long as the patents are considered valid, NTP has RIM in a corner? RIM has stated that it has another alternative: It can re-engineer its system so that it does not infringe on the NTP patents, presumably downloading new software to its installed base of customers. If the court agrees to the idea, then the possibility of a shutdown goes away for the near future.

"But there could be a new trial every time the software is updated," warned Reynolds.

"Implementing a work-around will only delay things," agreed Misek.

And if the court isn't impressed by the work-around? Then RIM may indeed be driven to open its checkbook. But that probably won't happen until they try additional maneuvers, such as bringing up Telenor '89 at the injunction hearing.

Didn't RIM and NTP come to an agreement last March and end the case? They mutually announced an agreement that involved a $450 million settlement, but it fell apart several months later. The reasons remain confidential, but are assumed to be related to the old saying that "the devil is in the details."