The vendor provides a third party visual voicemail app that is not native to any BlackBerry handset and one must sign up for the service and download it on the phone. Now, RIM and RIM alone is the party being sued for the patent infringement which is said to have taken place on some of the newer 'Berry handsets. The lawsuit deals with RIM's visual voicemail patents. And yet, here is a major corporation, once a darling of Wall Street, trying to move the blame to a small company that could probably fit in one of the restroom's in RIM's headquarters. More on this as it evolves.
Klausner Technologies has a history of suing companies like Apple and RIM over infringement to patents covering visual voicemail. Last year, they sued RIM over patents that RIM claimed ownership of, relating to visual voicemail,. RIM apparently has been making money from the patents that Klausner says belongs to them. But Section 12 of the agreement between RIM and vendors of the BlackBerry App World requires vendors to indemnify RIM against damages from a law suit.. Section 12 reads, "Vendor shall indemnify, and if requested by RIM defend, and hold
harmless RIM…from any third party claims, costs, damages, losses,
settlement fees, and expenses…incurred directly or indirectly by a RIM
Indemnified Party as a result of Vendor’s breach of this Agreement
and/or as a result of any claim, suit, judgment, settlement, or cause