News about what is happening in technology today!

VMware has announced that they will be supplying $200,000 in prizes for what they call The Ultimate Virtual Appliance Challenge. Big industry names such as Tim O’Reilly and Mark Shuttleworth are among the judges.” From the article: “Using open source or freely distributable components and/or your own code, create the most inventive and useful virtual appliance and win the $100,000 first prize! The Challenge is open to anyone worldwide and will be judged by a panel of industry experts with input from the community.

Adam Vitale, aka Batch1 aka Baxter, 25, of Boynton Beach, FL, and his partner Todd Moeller, aka M3rk, of New Jersey, are accused of sending nearly 50,000 pieces of spam e-mail to more than 1.2 million AOL subscribers. US Secret Service agents used a confidential informant to hire Moeller and Vitale to deliver spam, which advertised a computer security product.

RIM’s service to continue to operate, but judge urges settlement

REUTERS - Updated: 2:19 p.m. ET Feb. 24, 2006

RICHMOND, Va. - A U.S. judge on Friday stopped short of ordering an immediate shutdown of millions of BlackBerry portable e-mail devices, but reminded manufacturer Research In Motion Ltd.it had already been found to have infringed the patents of NTP Inc.

U.S. District Judge James Spencer also expressed skepticism about RIM’s argument that a BlackBerry shutdown would hobble critical public services and infrastructure.

He noted that the company had told investors that its software work-around would avoid disruptions to users.

Wrapping up nearly four hours of arguments, Spencer said there was no escaping that RIM had been found to be infringing on NTP’s patents. “The simple truth, the reality of the jury verdict has not changed,” Spencer said, adding that the parties should have settled out of court.

Spencer said he would take the arguments he had heard under advisement and issue a decision on an injunction “as soon as reasonably possible.”

Canada-based RIM has been locked in a court battle for more than four years with privately held NTP, which successfully sued RIM for infringing on its patents.

Earlier on Friday, NTP asked Spencer for an injunction against U.S. BlackBerry service with a 30-day grace period for users and the immediate imposition of $126 million in damages for past infringement.

RIM and NTP reached a tentative settlement of $450 million early last year, but the deal fell apart. Some analysts have estimated that a settlement at this point could cost RIM as much as $1 billion.

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U.S. District Judge James Spencer did not issue an immediate ruling during a Friday hearing between NTP and Research In Motion over the popular BlackBerry service.

During the hearing, lawyers for NTP asked Spencer to issue an updated $126 million judgment as soon as possible against the BlackBerry manufacturer, covering all of the devices NTP says infringed its patents through November of last year. They also called for an injunction to shut down RIM’s U.S. service.

Spencer did not rule from the bench, saying he would take the matter under advisement. He said he expected to release an order related to the damages before releasing one related to the injunction.

He also scolded the companies for not coming to a settlement on their own.

“In plain words, the case should have been settled, but it hasn’t, so I have to deal with that reality,” Spencer said.

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The U.S. Patent and Trademark Office on Friday issued a second final rejection of an NTP-held patent at the heart of the long-running BlackBerry dispute.

The final notice, which can be appealed to both the Patent Office and the federal courts, comes on the same day that Research In Motion and NTP are in a much-anticipated hearing arguing over whether an injunction will be imposed on the sale and support of BlackBerry devices in the U.S. Two days ago, NTP received its first final notice on one of the five patents at issue in the case. RIM announced Friday’s Patent Office decision in a press release, and a Patent Office representative confirmed the decision.

After failing to win its appeal of a 2002 jury verdict that found RIM’s BlackBerry devices infringe on NTP’s patents, RIM is hoping that Judge James Spencer decides to steer clear of an injunction until the patent re-examination process is complete. Three other patents at issue in the case have only received preliminary notices that would invalidate the claims, but the final notices for those patents are expected shortly, according to RIM.

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