Did They Type Up The Deal With Their Thumbs?

So-called patent experts who want to comment on the recently concluded $612.5 million BlackBerry patent litigation settlement are too many to count. But those who may actually have something edifying to say about the deal are not talking. Or would love to talk but can’t. Marty Glick falls under the latter category. The head of Howard Rice Nemerovski Canady Falk & Rabkin’s litigation department negotiated the deal for RIM alongside the company’s prominent Canadian counsel Barry Sookman, a partner at Toronto-based McCarthy Tétrault.

Glick and fellow partner Ron Star spent three days in New York holed up in a room somewhere at Citibank’s corporate headquarters in Manhattan ironing out an acceptable settlement deal with NTP’s attorney Jim Wallace, partner at Wiley Reine & Fielding, and one of the company’s owners, Don Stout.

Glick refused to comment on how the parties came up with the $612.5 million figure and didn’t want to say anything relating to the deal. He did say there were no raised voices during what appears to be an intense negotiation that began on Wednesday morning at 10:30 a.m. and ended on a Friday at 4:45 p.m.

He does spill one detail. At one point during the negotiation, he said, both parties had to go to separate rooms to confer with each other and they were assigned to different floors. Since it was late at night and the building security does not allow people from traveling from one floor to the other without a special security code the parties had to communicate via their BlackBerries to signal to each other that they were ready to meet again.

“We all thought it was amusing,? Glick said.

Xenia P. Kobylarz


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