A jury verdict issued Thurs. invalidated 2 patents awarded to Nor...

Oct 23/01 p8). MDS said the unanimous decision from the jury said the technology discussed in the patents “had been anticipated by articles published prior to the patent application date, but also that the technology itself was obvious to individuals of ordinary skill in the related field of work. Moreover, the jury found that similar technology had previously been used by others.” Northpoint CEO Sophia Collier said in a statement that the company intends to appeal the jury’s verdict, but the decision won’t affect Northpoint’s intent to “provide low cost competitive multichannel video and high speed data service to American families throughout the entire [U.S.].” MDS CEO Kirk Kirkpatrick said the company is pleased with the decision and it “paves the way for MDS America’s [multichannel video distribution and data service (MVDDS)] equipment to be used to provide new broadband wireless service… particularly to under-served rural areas.” Northpoint Vp Antoinette Bush said the verdict should have no effect on the “Northpoint amendments” attached to 2 Senate bills because the bills only deal with how MVDDS providers are licensed, which should be “the same way cable and satellite [operators] are licensed.” Kirkpatrick disagreed: “The whole point of this amendment is to bring service to the American public. What do they [Northpoint] bring to the table now?” Kirkpatrick said his company “looks forward to supplying MVDDS equipment to new U.S. licensees early next year.” Whether the company plans to participate in the auction will “depend on the bidding. We're still looking at acquiring spectrum for rural broadband,” he said.