Microsoft Targets Motorola in Patent Lawsuit Over Android

[MacRumors]

With Microsoft reportedly set to formally introduce a line of Windows Phone 7-based smartphones just ten days from now, the company has gone on the offensive by filing a lawsuit against Motorola over Android-related patents.

Microsoft filed an action today in the International Trade Commission and in the U.S. District Court for the Western District of Washington against Motorola, Inc. for infringement of nine Microsoft patents by Motorola's Android-based smartphones. The patents at issue relate to a range of functionality embodied in Motorola's Android smartphone devices that are essential to the smartphone user experience, including synchronizing email, calendars and contacts, scheduling meetings, and notifying applications of changes in signal strength and battery power.

In a blog post discussing the lawsuit, Microsoft corporate vice president and deputy general counsel Horacio Gutierrez moves to justify the company's actions, in part by referring to "recent actions" taken by Apple, which filed suit against HTC earlier this year over alleged patent infringement by that company's Android handsets.

That Microsoft has important patents in this area should not surprise anyone - we've spent over 30 years developing cutting-edge computer software. As I mentioned in my blog post last March, the key value proposition of smartphones has moved from the radio stack to the software stack, as people buy smartphones because they are fully functional computers that fit in the palm of your hand. With this shift, it is imperative that companies address IP issues related to the software that makes possible this new class of devices. The rules of the road are long-established in the software industry, and fundamental to the industry's growth and economic impact is respect for others' intellectual property rights.

Our action today merely seeks to ensure respect for our intellectual property rights infringed by Android devices; and judging by the recent actions by Apple and Oracle, we are not alone in this respect.

In addition to the federal lawsuit filed against Motorola today, Microsoft also filed a complaint with the U.S. International Trade Commission (ITC), the body that oversees import and export of goods and holds the power to bar the importation of products found to be in violation of patents held by others. While ITC disputes rarely progress to that stage, the body's ability wield that power frequently serves as an encouragement for the involved parties to settle their disputes in a relatively timely fashion.

Article Link: Microsoft Targets Motorola in Patent Lawsuit Over Android

 

[elppa]

Google is cheating to get ahead. Good tactical move by Microsoft.

 

[KnightWRX]

Google is cheating to get ahead. Good tactical move by Microsoft.

Wait, so all those patent lawsuits against Apple means they are cheating too ?

More proof that Google has the industry running scared of the green little robot.

 

[7o7munoz7o7]

oh microsoft and android, has everything to do with MAC rumors....who cares what either of them are doing do eachother

 

[GFLPraxis]

Seems like patent trolling, though I'd be curious to hear some more details. If they're just suing for synchronizing email and notifying applications of changes in battery power, then this is a pile of crap.

If, on the other hand, Motorola's including Exchange functionality without the proper licensing or something to that respect, it's different.

But, from the brief overview, sounds just like patent trolling.

 

[gwangung]

Personally...

I'll wait until an actual IP lawyer has some comments about this.

Non-lawyers talking about legal cases make it all to obvious sometime that they're not lawyers.

 

[Speedy2]

This is getting soo boring.
Arn, could you make a seperate news section for anything patent-fight related or something, please? Page 999?

That would be greatly appreciated.

 

[rockosmodurnlif]

Google's motto: "Don't be evil"
Everyone else's: "Don't be rippin' off my IP"

 

[GenesisST]

This is getting soo boring.
Arn, could you make a seperate news section for anything patent-fight related or something, please? Page 999?

That would be greatly appreciated.

page 666...

 

[Earendil]

oh microsoft and android, has everything to do with MAC rumors....who cares what either of them are doing do eachother

It's relevant in the respect that, as the public portion of the claim is written, looks as if Apple is also in violation. I wonder why Microsoft is only targeting Motorola...

 

[Blu101]

These software functionality patents are getting really silly

 

[alexk82]

ms shame

if you can innovate sue. seems to be what ms's 2010 mobile strategy plan is

 

[KnightWRX]

I wonder why Microsoft is only targeting Motorola...

Well, they've just announced that Windows Phone 7 will have a licensing cost for handset manufacturers because they will cover liability for patent lawsuits :

http://www.goodgearguide.com.au/article/362876/patent_protection_key_windows_phone_license/

This suit seems to be just to drive the point home that "hey, don't go for Android, use our stuff and you'll be safe from us... err.. those patent things!". Motorola was probably picked because other handset manufacturers that use Android also ship Windows Mobile units (HTC, Sony Ericsson, Samsung) right now, and suing your own partners is never good for business.

 

[rmatthewware]

Can we put anything not Apple related on Page 2 and save page 1 for "Mac" "rumors"?

 

[HiRez]

Microsoft, accusing others of copying their ideas. Oh, the irony...

 

[mdriftmeyer]

Wait, so all those patent lawsuits against Apple means they are cheating too ?

More proof that Google has the industry running scared of the green little robot.

He means they aren't using their own work developed and patented, plus they haven't licensed the technologies that are available to be licensed from Microsoft. I have no doubt that most of it isn't licensable. Microsoft and Apple are players in this field and will not license their software patents w/o wanting cross-licensing on areas they don't control.

Nokia has no claim against Apple and it's clear by the fact they won't allow the same royalty fees for Apple as they do the rest who use GSM standards.

On the other hand, the 9 patents Apple filed aren't designed to become an open standard [ala GSM and it's signaling patents] and HTC is violating those hardware patents along with software patents for the Android platform.

Microsoft is now exercising their slew of patents [Apple licensed these] against Motorola and Android.

Yes. Google really needs to license or develop their own patents.

Microsoft even is clear in their target [Software stack versus the Hardware Stack].

 

[SockRolid]

The Oracle lawsuit isn't about patents.

Microsoft is suing over patents. But Oracle is suing for a clear-cut Java license agreement violation. Google uses the non-compliant Dalvik VM, the Java license requires 100% compliance, therefore Google is in violation.

Ironic that Microsoft paid Sun $20 million for a similar violation. Unfortunate for Google that Oracle (who now owns Sun and Java along with it) doesn't give a crap about money. Larry Ellison wants blood, and he's going to get it. No way for Google to buy their way out of this one.

 

[Xtremehkr]

I have a friend who is a product reviewer for AT&T. He says the Windows phone is nothing exciting, there's just nothing special about it.

He signed in using his hotmail account and discovered that once you've paired your Windows phone with a hotmail account the only way you can then sign out of that account is to do a master reset on the phone.

It sounds like MS is up to their old tricks and trying to forcibly lock everyone into their universe again.

 

[shartypants]

Microsoft sucks. They said they developed "cutting edge" software? More like bleeding edge" as users were cut by their crappy software. Patents should be predicated based on whether the software actually works.

 

[Mike225]

I have a friend who is a product reviewer for AT&T. He says the Windows phone is nothing exciting, there's just nothing special about it.

He signed in using his hotmail account and discovered that once you've paired your Windows phone with a hotmail account the only way you can then sign out of that account is to do a master reset on the phone.

It sounds like MS is up to their old tricks and trying to forcibly lock everyone into their universe again.

Does this remind you of certain Apple tactics?

 

[tpg]

Can we put anything not Apple related on Page 2 and save page 1 for "Mac" "rumors"?

+1

Patent bust-ups happen every other day, and this doesn't even directly involve Apple.

 

[addicted44]

if you can innovate sue. seems to be what ms's 2010 mobile strategy plan is

Apple and MS will argue that the Google mobile strategy is

"if you can't innovate, steal".

 

[leroypants]

It sounds like MS is up to their old tricks and trying to forcibly lock everyone into their universe again.

Unlike apple and Itunes.....

 

[jaykk]

Ironic that Microsoft paid Sun $20 million for a similar violation. .

Microsoft paid close to a billion ($900m) to Sun Microsystems back in the day. Google is trying to save that billion.

 

[Xtremehkr]

Does this remind you of certain Apple tactics?

No, I have 5 email accounts coming to my iPhone and I get take any one of them off if I want, including my .Mac account.

If you mean the greater Apple universe of products I feel I have more choice because I'm running OSX and W7 on my iMac.