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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.

24 of 100 comments (clear)

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

    Hey Orangeo, Sendo your casho to uso!

  2. 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 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?
  3. 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
  4. Sendo by Anonymous Coward · · Score: 3, Interesting

    Strangely enough, Sendo is also reporting this.

  5. "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.
  6. 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.

  7. 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.
  8. 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 PhxBlue · · Score: 2, Funny

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

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    3. 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?

  9. 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?

  10. 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.

  11. 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 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)

  12. 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.

  13. 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.

  14. 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.
  15. 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.
  16. 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.