Redwood Shores, Calif.-based Visto "threw in the towel,'' Ronald Dimock, a lawyer for RIM, told Bloomberg News. "There is no settlement.''

The two companies must still agree on a royalty payment plan, Dimock said.

On the heels of that patent litigation win, Research in Motion has now filed a preemptory lawsuit in Texas against the patent licensing outfit based in Germany that's suing many cell phone manufacturers, alleging infringements of hundreds of patents it holds and seeking license settlements.

IP Com GmbH & Co. is not associated in any way whatsoever with  IP.com Inc.

Now, according to the latest news reports, RIM, maker of the new BlackBerry Bold smartphone, also asked the court to issue an injunction preventing IP Com from using the patents to sue RIM for infringement.

IP Com has countersued RIM in Germany, IP Com managing director, Cristoph Schoeller, told Dow Jones. He didn't provide details of the suit.

IP Com had been negotiating a license agreement with RIM when RIM filed its lawsuit, Schoeller said. "We thought we were in negotiations," he said, adding that he believes RIM may be trying to intimate IP Com.

Maybe, like Sun Microsystem's General Counsel Mike Dillon, the patent lawyers representing RIM think that the best offense...is a good defense.