BusinessWeek is carrying a detailed explanation of how the new RIM workaround would work.
Essentially NTP's case and the patents involved, revolve around where emails are stored while a user is out of range, on RIM's two Network Storage Centers (NOC's), or behind a firewall at the originating companies server or carriers server. Simply put, the workaround that RIM is implementing would change this location from RIM's NOC's to behind a firewall at the companies server or carriers server.
BusinessWeek reports, that "Conceptually, I think this does get around the patents," says Ken Dulaney, an analyst for researcher Gartner Group, who's following the case and has been briefed by RIM on the workaround. RIM says its legal counsel maintains the workaround doesn't infringe on NTP patents".
As for installing the workaround, that will depend on what the court decides. The court could issue a broad injunction, that would require the workaround to be installed on both the Blackberry and corporate and carrier servers that send the original e-mails. Yet, RIM is asking that only new devices be covered because RIM feels that they already have an implied license with NTP based on the original overturned verdict. If so, then RIM will only have to install the workaround of devices yet to be sold.
[via BusinessWeek]