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Sendo Sues Orange for Patent Infringement

captnjameskirk writes "RCR Wireless News is reporting that Sendo is suing European carrier Orange for patent infringement involving the circuit board design within the phones. As the article points out, Sendo also sued Microsoft for allegedly stealing their technology for use in the Smartphone OS." Back in January, we also had some more information on the case between Sendo and Microsoft.

100 comments

  1. No friends by CausticWindow · · Score: 1, Insightful

    Sendo isn't good at making friends. Just as important in business as elsewhere.

    They probably need cash bad.

    --
    How small a thought it takes to fill a whole life
    1. Re:No friends by gilesjuk · · Score: 3, Insightful

      They're small and signed a rather silly contract (meaning M$ pockets all their IP if they go bust). Ideal company for Microsoft to run down and swallow up. Making friends has nothing to do with it, they just picked the wrong business partner.

  2. I wonder by jabbadabbadoo · · Score: 0, Redundant

    I wonder who wins this case. NOT.

  3. How many by Anonymous Coward · · Score: 0, Troll

    CowboyNeal's does it take to screw in a lightbulb?

    None. CowboyNeal lives in the dark. People this smelly/fat can't be seen in light, lest people will turn to stone.

  4. Heyo by ergonal · · Score: 4, Funny

    Hey Orangeo, Sendo your casho to uso!

    1. Re:Heyo by worst_name_ever · · Score: 1

      Yousa people gonna die?

      --

      In Soviet Rush, today's Tom Sawyer gets high on you.
    2. Re:Heyo by Zemran · · Score: 1

      Swim across here and get it :p

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    3. Re:Heyo by sharkey · · Score: 1

      Yousa lawyaas gonna lie?

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
  5. Sendo, AKA SCO by ajiva · · Score: 4, Funny

    Sendo *must* be a subsidiary of SCO...

    1. Re:Sendo, AKA SCO by jrl87 · · Score: 5, Funny

      Ya, except SCO is sueing for something that works ...

    2. Re:Sendo, AKA SCO by mrklin · · Score: 3, Funny

      Give it some time and Sendo will starting suing itself for frivolous lawsuits.

    3. Re:Sendo, AKA SCO by NeuroManson · · Score: 1

      AND for something that actually exists.

      --
      Just because you can mod me down, doesn't mean you're right. Shoes for industry!
    4. Re:Sendo, AKA SCO by Anonymous Coward · · Score: 0

      I take it you've never administrated SCO UNIX.

    5. Re:Sendo, AKA SCO by Zork+the+Almighty · · Score: 1

      In a followup suit against Apple Computer, a Sendo company spokeperson remarked that "Based upon our previous successes, we fully expect to win", appearently in conflict with longstanding advice on the subject.

      --

      In Soviet America the banks rob you!
    6. Re:Sendo, AKA SCO by Daniel+Phillips · · Score: 2, Insightful

      Sendo *must* be a subsidiary of SCO...

      Follow the story. Sendo is another rape victim of Microsoft. As I understand it, Microsoft contracted with Sendo to develop the Microsoft Smartphone[tm], and slipped a clause into the contract that said if Sendo goes bankrupt, Microsoft gets the IP. Microsoft then proceeded to try to drive Sendo into bankruptcy. It didn't work, but Microsoft had access to the designs and software, and handed the hardware design off to another company, Orange, to manufacture the phone. And obviously, to have less of a share in it than Sendo would have. Sendo was understandably upset.

      All the above is as I understand the story, from the bits that have leaked out. Seems to fit the pattern though. I must say, I'm not at all unhappy to see Microsoft's phone come under a cloud of questionable IP ownership, given the cynical way they're supporting SCO's evil attack on Linux. And also given the likelyhood that Microsoft would attempt to leverage its desktop OS monopoly to establish itself in the phone market. And also the likelyhood that Microsoft's phones will be buggy.

      So I say: go Sendo.

      --
      Have you got your LWN subscription yet?
    7. Re:Sendo, AKA SCO by Anonymous Coward · · Score: 0

      It didn't work, but Microsoft had access to the designs and software, and handed the hardware design off to another company, Orange, to manufacture the phone

      Orange is a network operator and as such manufactures nothing. HTC is the manufacturer.

    8. Re:Sendo, AKA SCO by jez_f · · Score: 1

      There are some interesting parallels between the two stories.
      "Little company teams up with behemoth to work on new IP, behemoth breaks off the deal and allegedly uses the IP with another partner. Little company sues." Could sum up both of them
      Why then do I find my self supporting Sendo and vilifying SCO?
      I suppose it is because Sendo isn't threatening to bring down the whole mobile phone industry. It is 'reluctantly' suing Orange. Where as SCO seems quite happy to sue anyone who is willing to take them on.
      The language you use and attitude you portray can make a big difference to how people react to you. Sco could have handled the PR with the IBM case much better.

    9. Re:Sendo, AKA SCO by bob_dinosaur · · Score: 1

      Orange didn't manufacture the phone; HTC did. Orange are a mobile phone network in the UK, orginally started by Hutchison Whampoa, and later sold to France Telecom. HTC do OEM (Original Equipment Manufacture; making something from someone else's design) and ODM (Original Design Manufacture; design and manufacture) work for all sorts of electrical goods. They're based mostly in Taiwan.

  6. Here's an idea... by Black+Parrot · · Score: 4, Funny


    Wouldn't it save bandwidth if you reported the companies that aren't suing each other?

    --
    Sheesh, evil *and* a jerk. -- Jade
    1. Re:Here's an idea... by Anonymous Coward · · Score: 0

      Let us sendo all these companies to hello.

    2. Re:Here's an idea... by Jason1729 · · Score: 1

      Then there would be nothing to report.

      Jason
      ProfQuotes

  7. Sendo by Anonymous Coward · · Score: 3, Interesting

    Strangely enough, Sendo is also reporting this.

  8. "Amicable" by kaltkalt · · Score: 4, Funny

    We have tried to solve the matter in an amicable way,â said Hugh Brogan, Sendoâ(TM)s chief executive officer.

    Translated: We tried to extort millions of dollars before filing suit, and they said no. Reminds me of IBM's past amicable actions.

    --

    Stupid people make stupid things profitable.
  9. MS is going to payoff Sendo, right? by MongooseCN · · Score: 3, Insightful

    MS paid SCO for the license to use some vague part of SCO's unix code. So does this mean MS will pay Sendo for directly using Sendo's technology in its own OS?

    1. Re:MS is going to payoff Sendo, right? by msgmonkey · · Score: 3, Interesting

      Nope, 'coz Sendo had an agreement where they shared their technology with MS in exchange for access to MS's OS technology. Sendo made the mistake of agreeing that if they ever went under that their tech automatically got handed over to MS so it was actually in MS's interest that they went under. Sendo basically asserted that MS was not keeping up their end of the bargain whilst Orange got all the good stuff and help they were meant to be getting.

  10. hope they get a bunch by afidel · · Score: 4, Insightful

    I hope they get as much blood as they can from MS and a crapload from Orange as well if Orange knew that the stuff they were getting from MS was sendo's property. This was dirty business at its worst.

    --
    There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  11. First line of the article... by bad_fx · · Score: 5, Interesting

    Mobile-phone upstart Sendo lashed out with another lawsuit...

    Doesn't that sound a little like biased reporting to anybody else? ...lashed out... another lawsuit..?

    1. Re:First line of the article... by Dusty · · Score: 3, Informative

      Mobile-phone upstart Sendo lashed out with another lawsuit...

      Doesn't that sound a little like biased reporting to anybody else? ...lashed out... another lawsuit..?

      Certainly does to me. The Register's coverage of the story is more neutral:-

      Sendo sues Orange over MS SPV smartphone IP .
    2. Re:First line of the article... by msgmonkey · · Score: 1

      Well it depends on the context. Sendo has pleanty of reasons to be very angry with MS, when you are very angry you can easily lash out, whilst this *is* another lawsuit although this time aimed at Orange.

    3. Re:First line of the article... by bad_fx · · Score: 1

      Yeah, OK, you're right about "another", nothing wrong with that. But I do take issue with both "upstart" and "lashed out" which, to me at least, carry some pretty negative connotations.

    4. Re:First line of the article... by PhxBlue · · Score: 2, Funny

      And where exactly did Slashdot claim to be "fair and balanced"? :)

      --
      !#@%*)anks for hanging up the phone, dear.
    5. Re:First line of the article... by Anonymous Coward · · Score: 0

      Since when is merely stating that a company has initiated multiple legal actions unfair? Your point with regards to "lashed out" is entirely valid, but only an ass would consider "another" to be slanted.

    6. Re:First line of the article... by phorm · · Score: 1

      How about upstart? It sounds more like sendo is some little whiney kid bitching about being stuck at the end of the line for street-hockey.

    7. Re:First line of the article... by bad_fx · · Score: 2, Insightful

      PS: Yes, there's not really anything wrong with "another" in that sentence. My real problem with it was the "upstart" and "lashed out," neither of which were required for it to make sense, and both of which seem to carry negative connotations. (which is really why it caught my eye in the first place.) Consider:

      Mobile-phone upstart Sendo lashed out with another lawsuit...

      or...

      Mobile phone company Sendo today started legal proceedings in London against Orange...

      which is from the register article which Dusty kindly linked to. Which one makes you think you're going to get a neutral account of the whole thing... hmmm?

    8. Re:First line of the article... by Anonymous Coward · · Score: 0

      ALL news is biased. Have you not learned that yet? Once you do, you can learn to separate fact from heresay.

      Note to moderators: Pointing out something like this is NOT informative. Besides, it is only the poster's OPINION that the term "lashed out" is negative somehow. I certainly didn't read it that way. People need to calm the fuck down and stop thinking everyone around them is out to get them and that every comment and action is somehow an attack.

    9. Re:First line of the article... by trifster · · Score: 1

      all reporting is biased. one must always consider the source.

    10. Re:First line of the article... by Anonymous Coward · · Score: 0

      Calling The Register's coverage of any story about Microsoft "neutral" is laughable. I suspect even The Register staff would laugh at that suggestion. Their prior article about the Sendo and Microsoft fallout repeated called the OS "Stinker".

  12. Any other phones infringe? by msgmonkey · · Score: 2, Interesting

    Or is it just this Orange one? Was n't one of the complaints Sendo had was that basically MS was taking all of it's good ideas and giving them to Orange (which is also tied into MS). Of course MS had a cross licensing thing with Sendo, but I wonder if this patent was part of that deal?

    Maybe Sendo found an area where they did n't get completely screwed over by MS?

    1. Re:Any other phones infringe? by no_mayl · · Score: 1

      Did you know that MS has been poking around the UK for mobile-phone related companies?
      Last century, MS bought STNC which makes mobile phone software (web-browser, tcp/ip stack...)
      Here's a dusty article ... Microsoft acquires Symbian partner STNC
      -- jpa
      PS: I actually helped those guys debug their tcp stack... and what a piece of crap.

    2. Re:Any other phones infringe? by PhysicsExpert · · Score: 1

      I find it really hard to believe that MS handed over any Sendo technology to Orange. This is how it works:

      Orange is a network operator, it manufactures nothing, not paperclips, not tractors and certainly not smartphones. The phone in question is made by a Taiwanese company called HTC, who make various elctronic gadgets including the Ipaq.

      The correct name for this phone is the Canary but it is sold in Europe as the Orange SPV, presumably because most consumers haven't heard of HTC and don't really associate them with quality phones. Microsoft passing Sendo information to Orange would be like Wall Mart receiving information from Intel about how to design better processors.

      --
      All that glitters has a high refractive index.
    3. Re:Any other phones infringe? by Anonymous Coward · · Score: 0

      Which version of our IP stack was this then, there were 4 distinct variants?

      I certainly don't remember anyone with the initials jpa.

      -- AL

    4. Re:Any other phones infringe? by no_mayl · · Score: 1

      I was working on the stack back in 1998, and shrinking it to fit in the bios for Phoenix Tech (Guildford UK office, now closed). Phoenix almost bought the stack and the browser.
      I even spent a few days in Bury Saint Edmunds, doing code reviews.
      Can't remember the stack version...
      But I was emailing patches or on the phone a couple of times a week, trying to convince people that stuff was wrong.
      The most flagrant one was something in the vein of
      if (blabla) {
      blabla;
      free(x);
      } ... x->blabla ...

      The stack was using cunning OO implemented in C with structs and ptrs, it was reasonably modular. I got it down to 45K uncompressed with the telnet server. But it was too unstable, trying to be too nifty for its own good.

      --
      jpa
      PS: reply to my email (now enabled).

  13. Imaginary by exspecto · · Score: 1, Funny

    Here's how the conversation went:

    MS Lawyer: "Sure, just sendo us the documents..."
    *background laughter*

  14. Wait two seconds before you spote off by kramer2718 · · Score: 5, Insightful

    I know that for many Slashdot readers, the reaction over a patent lawsuit defaults to "those bastards are filing frivolous lawsuits," but wait a minute before you badmouth sendo.

    The article said nothing beyond that the claim regards the design of an internal circuit board. Sendo's claim might be legit' it might be BS. We have no idea which at this point.

    If anyone actually knows anything substatial about the claim, please enlighten us all.

    1. Re:Wait two seconds before you spote off by bad_fx · · Score: 1

      Heh, the funny thing is that in the previous slashdot stories everyone was hailing sendo as the poor, legitimate, little guy getting trampled by M$. Now they're, as you say, the "bastards... filing frivilous lawsuits."

      Ah, gotta love slashdot.

    2. Re:Wait two seconds before you spote off by deadsaijinx* · · Score: 1

      fine, then. I will . . . one-one-thousand, two-one-thousand. Sendo?! I can't beleive those Needle-nosed, insatiabley greedy BASTARDS! What they HELL are they doing envoking PATENT LAWS?! Those worse-than-pigs fags! I hope they choke on their own paperwork for this suit!!! ....

      what? I waited 2 seconds.

      --
      YOU SUCK BALLS!
    3. Re:Wait two seconds before you spote off by nanoakron · · Score: 1

      I'm just a little muddled on one tiny point:

      What interest would a *service provider* who makes *no phones* want with a circuit board design contained within *just one* of the *many thousands* of phones it re-sells?

      And a crappy phone at that. Why not steal from the best rather than a Sendo?

      Anyone?

      -Nano.

    4. Re:Wait two seconds before you spote off by Anonymous Coward · · Score: 0

      What, do you fucking work for them or something?

    5. Re:Wait two seconds before you spote off by watzinaneihm · · Score: 1

      Poor us! We are between the devil and the sea.
      Is MS bad or are patents and suits bad.
      Whom do we support now?

      --
      .ACMD setaloiv siht gnidaeR
  15. Free Patent Foundation by seanthenerd · · Score: 2, Interesting

    Someone should develop a "Free Patent Foundation" - with parallels to the GNU, but for intellectual discoveries, inventions, etc. Though these wouldn't make the developers a lot of money, it could really benefit humankind.

    1. Re:Free Patent Foundation by PierceLabs · · Score: 1

      I'm sure many businesses would just at the opportunity to give their IP away for free. Oh wait, they are the ones who are trying to protect it most in the first place :-/

    2. Re:Free Patent Foundation by DarkKnightRadick · · Score: 1

      The GPL doesn't mean you can't make money off your GPL'd software. In the same sense, GPL'd hardware doesn't mean you can't make money off of it. Think services, not IP.

      --
      "There is a way that seems right to a man, but its end is the way of death." Proverbs 16:25 (NKJV)
    3. Re:Free Patent Foundation by krysith · · Score: 2, Informative

      It would have to raise an awful lot of money to do NEthing effectively. An average patent costs $5-6k, so if you are going to be filing patents to protect "free technology", then you are going to be burning through money very quickly. It's generally much more cost effective to place discoveries in the public domain, the old fashioned way.
      However, there might be a different use of such a FPF - call it the "American Technological Liberties Union". I'm picking that moniker for a reason: we have had a zillion postings to /. about bad patents which should not have been issued by USPTO in the first place. Well, those patents are just pieces of paper until someone violates them (say, by making a One-Click Purchasing website ala the infamous Amazon patent). So, what usually happens is the person who violates the improper patent gets sued, and often they do not have the money to defend themselves, and thus the improper patent stands. This is where the ATLU comes in. They provide legal defense for those people who are doing actual innovation, and even the playing field. The hard part, of course, is deciding which cases are proper to help defend. I sure wouldn't want the ATLU helping someone violating one of my patents.

      (Disclaimer: I am a patent holder)

  16. RE:Wait two seconds before you spout off by kramer2718 · · Score: 0, Offtopic

    Sorry about the misspelling. It has been fixed.

  17. This ought to be interesting... by Tyrdium · · Score: 1

    A start-up company suing Microsoft? That's just asking to be slaughtered...

    1. Re:This ought to be interesting... by btakita · · Score: 1

      If Sendo can use this as leverage, even Microsoft will listen.

      Besides, what can Microsoft do to hurt Sendo? Refuse to sell Windows software to them?

      Microsoft doesn't dominate the Cell phone market. They are just another player.

    2. Re:This ought to be interesting... by Anonymous Coward · · Score: 0

      Actually, Microsoft already slaughterd them and sold some of their bones to HTC in Taiwan to make flutes for Orange from them. Imagine how shocked they were when Sendo got an unexpected tranfusion of cash and survived. No free IP for Microsoft from the remains.

      Perhaps it's the same with SCO: Mirosoft can't by them, but might get some IP form treaties when SCO goes titsup, after devastating the Unix and Linux market. They are not simple evil, they are double evil. At least that is how far i can see, i can't produce more virtual evilness to think further.

  18. Story so far by msgmonkey · · Score: 4, Informative

    Sendo has tech sharing agreement with MS.
    Orange has tech sharing agreement with MS.
    MS hands over Sendo tech to Orange holds back obligations to Sendo.
    Sendo gives up on it's own phone with MS software due to above.
    Sendo sues Orange for patent infringement.

    So this is n't your average money grabbing patent suit.

    1. Re:Story so far by techturtle · · Score: 1

      Agreed, especially if the infringement is really at the circuit design level. I'm no EE, but I would think that'd be fairly easy to prove. A lot easier than SCO's potential "Look, all their for loops use a variable named 'i' just like ours!".

      --
      If you don't have something nice to sig, then don't sig anything at all.
  19. Stupid patent system by whereiswaldo · · Score: 1, Insightful


    Sounds like another case of "I have a patent and I intend on doing nothing with it. In fact, I will sue anybody who tries to do anything along the lines of what my patent describes. I will stifle innovation."

    1. Re:Stupid patent system by Qzukk · · Score: 4, Informative

      Actually, this wasn't. They had an agreement with MS to take this product to market. Unfortunately they signed a contract with a suicide clause which indicated that if they went under, MS got all their goods. Of course, Microsoft was supposed to pay them to keep them from going under...

      So naturally Microsoft didn't pay them, they went under, MS took their stuff, and Sendo sued MS over breach of contract.

      Now, at this point, the rights to the technology should be up in the air. If Microsoft broke the terms of the contract by not paying Sendo, then the contract is void and the IP is still Sendo's. But Microsoft, being the arrogant bastard it is, didn't wait for the lawsuit to end, and assumed that they could dole out the big bucks to make sure the suit ended in their favor. So they gave Sendo's IP to Orange to take Sendo's product to market.

      So, yes, this is a case of "I will sue anyone who does what my patent describes", but for once, they're justified in biting back.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    2. Re:Stupid patent system by squiggleslash · · Score: 4, Insightful
      In what way does it sound like that?

      Sendo is teetering on the brink of bankruptsy after developing a mobile phone with Microsoft which could have been a viable money-spinner had it not been for Microsoft repeatedly, and almost certainly deliberately, stalling Sendo. Microsoft had made an agreement with Sendo that should either party go bust, the other would pick up the IP rights associated with the project.

      Sendo is suing Orange because Orange is using technology Sendo invented and paid a fortune developing. Sendo has every right to do so. Orange has the technology, almost certainly, because Microsoft gave it to them. Orange needs to be slapped down for taking that technology, and they in turn need to slap down Microsoft for, yet again, another obvious case of dirty, rotten, dishonest business practices.

      I say go Sendo. They deserve to win. They deserve to recoup their losses on this project from those who've taken their work.

      --
      You are not alone. This is not normal. None of this is normal.
    3. Re:Stupid patent system by whereiswaldo · · Score: 1

      Microsoft had made an agreement with Sendo that should either party go bust, the other would pick up the IP rights associated with the project.

      Call me paranoid, but this paragraph would have made me just a little uneasy, considering the "winning a lottery 10 times in a row" odds of Microsoft going bust.

      Anyway, certainly the story summary was misleading. I admit I didn't RTFS. I'd just assumed it was another one of the patent-asshole-gone-money-hungry scenarios which I am thoroughly sick and tired of.

    4. Re:Stupid patent system by Realistic_Dragon · · Score: 1

      Actually MS took their stuff and gave it to HTC _before_ they went under.

      However, given how bad the SPV was, they can't have stolen any good trade secrets ;o)

      --
      Beep beep.
    5. Re:Stupid patent system by jez_f · · Score: 1

      If sendo win this case I expect Orange could Sue M$ for selling them someone elses IP.

    6. Re:Stupid patent system by AnnaBlack · · Score: 1

      Actually, MS (allegedly) transferred the IP to HTC, who manufacture the SPV smartphone. Sendo have slapped an injunction against Orange to stop distribution of the SPV in the UK. There is a difference, you see. Since the patent is filed in several juristictions, Sendo may well enter into "aggressive negotiations" with HTC shortly. However, they don't really need to, since they can achieve their ends by preventing sale of infringing phones in any region where they have a patent. If nobody can sell the phones HTC makes, then HTC won't bother making them... and MS won't get any more market share. Anna

    7. Re:Stupid patent system by bythescruff · · Score: 1

      Sendo haven't gone under; they've signed up with Nokia and Symbian to produce a Series 60 phone.

      --
      Chuck Norris: Socialism == a thousand years of darkness.
  20. *sigh* by rsm00th · · Score: 0, Troll

    In any other patent suit, you guys are up in arms. But because it against MS, you guys are all for it. Hypocrisy is NOT teh win.

  21. No Friends -- Not Friendly by Anonymous Coward · · Score: 1, Flamebait

    I don't know much about their patent claim, but I can say (after joining their developer program and communicating with them via email and phone), Sendo is one of the most unprofessional companies I have dealt with. I certainly wouldn't trust them (after having done so once already) by "sendoing" them any money.

    1. Re:No Friends -- Not Friendly by Anonymous Coward · · Score: 0
      Would that be the developer program that was waiting for Microsoft to produce the software for you to develop on?

      They may not have handled you well, but it was MS that kept delaying the OS, so don't blame Sendo.

    2. Re:No Friends -- Not Friendly by Anonymous Coward · · Score: 0

      You're suggesting I blame Microsoft for how Sendo treated me? Maybe we should blame Microsoft's vendors for the way Sendo treated me? You've made your bias obvious. I've dealt with both companies (Sendo and Microsoft), and when it comes to my business, I'm not up for any excuses...

  22. obligatory response by swordgeek · · Score: 0, Flamebait

    1) "OMFG!!! Dirty bastards with their filthy circuit board patents. Board design and circuitry is so OBVIOUS once you've seen it. DEATH TO SENDO!"

    2) "We need to set up a free foundation where people can donate circuit designs for the good of all humanity."

    3) "If they have a case, then let's see the circuit designs released to the public. Won't show them to me without requiring an NDA? I TOLD you they were dirty liars"

    4) "WRITE TO YOUR MEMBER OF CONGRESS TODAY, AND TELL THEM YOU DON'T SUPPORT INTELLECTUAL PROPERTY PATENTS! DON'T EMAIL THEM, THEY DON'T CARE ABOUT EMAIL."

    This message has been brought to you by the Society for the Unveiling of Knee-jerk Reactions (SUKRs).

    --

    "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
  23. No Sir, we are british by Anonymous Coward · · Score: 1, Interesting

    Please keep in mind: This is a british patent suit.
    Not everywere in the world the patent system is as f*ckt up as in the USA. And, speaking for germany, not erverywere it is expensive to fight against false patents. Not Yet. I know, some people are working on it.

    1. Re:No Sir, we are british by Groote+Ka · · Score: 1
      You got the number of this patent?

      Best thing for UK - and Germany, of course - over USA is that they have judges who are actually familiar with patents, patent law and to a certain extend with technology. AFAIK, in the US, a patent suit is being done between a divorce and a robbery, in a jury trial.

      Did you know that in a no-jury trial, 67% of the patents claimed invalid is held up, whereas this figure is 75% in a jury trial? So when your patent is being challenged, always ask for a jury trial in US.

      The mainland Europe has only a few exceptions where a jury is used (e.g. Belgium, in criminal cases), which cuts costs and will in my opinion in most cases provide a qualitative better judgement. Furthermore, mainland Europe does not know 'discovery', which takes up an enormous amount of money in US cases. For the time being, this will not change, at least not substantially. The same will probably go for cost.

      Cheapest location for rather good patent litigation is the Netherlands. It'll take you EUR 50.000 at most (= US$ more and more, however ;-) ) instead of US$1.000.000 or more. You only need a dutch patent, but you'll get that for peanuts.

  24. How about Singtel by Anonymous Coward · · Score: 0

    Singtel/Optus is releasing one in Australia as well, will Sendo sue them?

  25. Microsoft stealing technology.... by KU_Fletch · · Score: 1

    "Sendo also sued Microsoft for allegedly stealing their technology"

    Microsoft stealing other people's tech?! Say it ain't so Bill!

    --
    It's not stupid. It's advanced.
  26. Law Suit = death throw by dnoyeb · · Score: 1

    Most big corporation know of many violations of their patents, but they do not persue them. Its like the Mutual Assured Destruction doctrine.

    When one starts suing, I think it makes everybody nervous. Its certainly a sign of instability within the company.

  27. My first reaction was (regretably)... by spamania · · Score: 1

    ...couldn't Orange file a cross-complaint under the tems of the DMCA alleging that Sendo's knowledge of Orange's circuit board design stems from an effort to reverse-engineer said phones?

    --
    My other .sig is a troll.
  28. Sendo Sues Orange by alien_tracking_devic · · Score: 1
    Not content to litigate against just carbon-based lifeforms, greedy corps are now going after citrus fruits.

    Today oranges -- tomorrow kumquats, kiwis, bananas, mangoes...when will it all end, I ask?

  29. Current trends by digitalmonkey2k1 · · Score: 1

    With all this recent talk of patent infringement, and all of the cases of companies trying to sue. I sure wish I held the patent on a lawsuit, think of the royalties!

    I hope I didnt give anyone ideas...

    --
    My sausage tree didn't grow, does that make me a bad mommy?
  30. Orangeo may be a secondary victom by Felinoid · · Score: 1

    Let this be a lesson don't do business with Microsoft. Don't liccens your technology to them don't liccens technology from them.

    Orange liccensed technology that Microsoft stold. As far as Orange knows the technology is lagit.

    Going after Orange is a bit dirty becouse they aren't the crooks and don't have all the facts.

    People have taken the SCO for cross refrence so I'll go there.
    SCO won't tell us what code is stolen from them. We can't remove the infringing code if we don't know what code they are talking about. They don't want us to remove anything they want to OWN Linux.

    Orange didn't steal anything they liccensed technology from Microsoft that Microsoft stold.

    Just like SCO wants to own the hard work of thousands of programmers who put more into Linux that SCO put into any code that MAYBE found it's way into Linux.
    Sendo wants a chunck of the proffits from Orange.

    However. Orange paid for this technology already. They paid whom they believed was the lagit owner. Microsoft has Sendo's money.

    Unless Sendo lost the lawsute against Microsoft. Then this is just backstabing.

    --
    I don't actually exist.
    1. Re:Orangeo may be a secondary victom by Anonymous Coward · · Score: 0

      Holy fucking shit, learn to fuckin spell!

    2. Re:Orangeo may be a secondary victom by Anonymous Coward · · Score: 0

      As far as Orange knows the technology is lagit.



      That's not Sendo's problem, its Microsoft's.

      Sendo can sue Orange, and Orange can demand that MS indemnify Orange against the claims or sue Microsoft for misrepresenting the contract.

      Somewhat similar to Timeline suing SQL Server users because MS did not want to pay for end user IP licensing.

      Its not Timeline's problem that SQL Server users are not covered by MS's Timeline patent license. It is MS's problem because they will be forced to pay end user licenses to Timeline or their SQL Server will be tainted.

  31. Sigh by CaptainZapp · · Score: 1
    ...couldn't Orange file a cross-complaint under the tems of the DMCA

    The DCMA is a US law, Sendo is a British company and Orange is a (French owned) British company.

    So how exactly would the DCMA apply here?

    --
    ich bin der musikant

    mit taschenrechner in der hand

    kraftwerk

  32. So in essence by CaptainZapp · · Score: 1
    If this guy sells me this really cheap television set because - you know - it fell from a truck it's unfair that the law is out to get me?

    I think it's not quite as easy as you make it sound and I don't really know the terms of the deal between Microsoft and Orange. But I can fully envision that Microsoft offered Orange an absolute sweetheart of a deal, since they are desperate to get their crappy, bloated and proprietary phone "platform" to the market.

    I can further envision Orange overlooking some potential poison pills, since the deal (for the first adapter and a major carrier in Europe neverless) might have been so sweet.

    Sure, this is speculative; but after the shitty that Microsoft has pulled on Sendo (wwhich seems to be pretty well documented) and Orange might be profiting from that I'm with Sendo here and don't see this in anyway related to what SCO is trying to pull off.

    --
    ich bin der musikant

    mit taschenrechner in der hand

    kraftwerk

    1. Re:So in essence by nickos · · Score: 1

      Yes, but we're not talking about buying a TV from a dodgy bloke in a pub, we're talking about the worlds leading software producer. While the Slashdot crowd (myself included) despise MS, your average business man might be forgiven for assuming that they can partner with them without being exposed to dodgy IP practices.

    2. Re:So in essence by CaptainZapp · · Score: 1
      Yeah, I see where you're coming from.

      I still think it's a far shot from the stunt SCO is trying to pull off (which gets funnier by the day).

      --
      ich bin der musikant

      mit taschenrechner in der hand

      kraftwerk

    3. Re:So in essence by squiggleslash · · Score: 1
      Yes, but we're not talking about buying a TV from a dodgy bloke in a pub, we're talking about the worlds leading software producer.
      So it's a size thing. Presumably you'd not have objected to the analogy had it been buying a TV from the Mafia then?
      --
      You are not alone. This is not normal. None of this is normal.
    4. Re:So in essence by nickos · · Score: 1

      No, it's a respectability thing.

      Dodgy bloke in pub is not respectable, and most people would suspect that the TV was nicked or similar.

      Worlds leading software producer SHOULD be respectable. A businessman would not expect to be buying "stolen goods" from them.

    5. Re:So in essence by squiggleslash · · Score: 1
      That depends on if it's a "legitimate businessman" in which case the analogy still holds.

      Microsoft's the one that's lost a major anti-trust action which, apparently, it's only survived due to a suddenly sympathetic regime in government, and had to make numerous out of court settlements to others its destroyed, illegally, in the past (even our old friend Caldera.)

      I'm sympathetic to Sendo, though I think they were idiots signing up for this in the first place. Likewise Orange - except my sympathy there is dampened by the fact that Orange had to know that it was receiving stolen goods, it knew full well what was going on between Microsoft and Sendo.

      --
      You are not alone. This is not normal. None of this is normal.
    6. Re:So in essence by nickos · · Score: 1

      Microsoft's the one that's lost a major anti-trust action...

      True - and I was quite aware of that when I posted. Although regular /. readers are, not everyone is aware of Microsoftâ(TM)s modus operandi.

      On another note, I have a good friend who works for Symbian, and he tells me that it only took Sendo a couple of months to get Symbian working fully on their hardware.

      Everyone in the mobile phone arena is prepared for the ongoing commoditisation of hardware. The difference between Microsoft and Symbian is that MS is trying to repeat its PC strategy while Symbian is going for a cooperative approach with the majority of hardware manufacturers buying into the company.

      Unlike Orange, the manufacturers are well aware of the threat that Microsoft poses.

    7. Re:So in essence by Felinoid · · Score: 1

      If this guy sells me this really cheap television set

      Lot's of this happends every day.. We call them flea markets.
      and then there is this website known as eBay.

      As for the similaritys between SCO and Sendo.

      Sendo clames Microsoft took technology and gave it to Orange.
      SCO clames IBM took technology and gave it to Linux.

      SCO did make one good point. It needs to be proven in cort. Of course that's not stopping SCO from threatoning Linux users.
      Still that is the same truth to Sendo. They didn't prove it in cort only in public opinion. Not very hard. Anything accused of Microsoft is automaticly true.
      I can see why SCO would say something like that also. In the same cort of public opinion anything bad said of Linux is false.

      (The reason for this is on ballence usually Microsoft is in the wrong and Linux isn't but that can't always be true)

      --
      I don't actually exist.
  33. That's it! by Cinematique · · Score: 0, Offtopic

    I'm going to sue bananas for copying my personal likeness, if you know what I mean. ;)

    Uh... yeah, I got nothin.

  34. SCOX through the roof , lets buy sendo by Anonymous Coward · · Score: 0

    QUICKLY, open up a traders account on the japanese market!
    the time to strike is neigh (its a word)

    lets buy in some volumes of sendo

  35. The reason Sendo is suing Orange. by goldcd · · Score: 2, Insightful

    Is not because they are desperately trying to get their hands on every bit of money they can - it's to send a mesage to other networks considering supplying the MS line of phones. The case should be (and is) between MS and Sendo, except MS being a big corporation is quite willing to spin it out with delays and had no real reason previously to try to come to a quick settlement. They could just carry on selling 'their' phones and keep pushing Sendo away.
    Now Sendo have been smart here by suing Orange - any other network operator who is considering which phones to carry is going to be much less likely to select the MS one. They've got no shortage of choices, the MS phone isn't particularly wonderful and now comes with the extreme likelihood of a lawsuit. Why would they want to risk it?
    Sendo will now remove most of MS's customers. MS will be in the position that until they settle the lawsuit with Sendo, nobody is going to buy their phones from them. I suspect cutting their income will be an effective way of convincing them to come to the settlement table with a large sack of cash for Sendo.