Slashdot Mirror


Microsoft Sues Motorola Over Android-Related Patent Infringement

suraj.sun writes with this excerpt from Engadget: "Microsoft has hit up the ITC over a total of nine alleged patent infringements by Motorola in its Android devices, specifically relating to 'synchronizing email, calendars and contacts, scheduling meetings, and notifying applications of changes in signal strength and battery power.' This should be interesting — will it result in a quick cross-licensing agreement, or a protracted court battle spanning multiple years?" The ITC complaint was accompanied by a lawsuit in US District Court. Microsoft's Horacio Gutierrez explained the company's reasoning in a blog post.

40 of 199 comments (clear)

  1. Finally by binarylarry · · Score: 4, Insightful

    It's great to see the USS Microsoft sinking after all these years.

    On to bigger and better things!

    --
    Mod me down, my New Earth Global Warmingist friends!
  2. Translation by Anonymous Coward · · Score: 4, Insightful

    Translation:

    We're no longer relevant in this market but we own some patents so we're going to screw as much money out of innovators as we can.

    1. Re:Translation by Znork · · Score: 5, Insightful

      I got email delivered over a modem in the early 90's. The fact that it's now delivered over a GSM modem is hardly 'innovation', no matter what company tries to claim it as such.

    2. Re:Translation by hey! · · Score: 2, Insightful

      I like patent 6826762, in which Microsoft patents the use of hardware independent software drivers when applied to cell phones. What moron at the patent office approved that one?

      Or how about 6909910 "Method and System for Managing Changes to a Contact Database". The invention amounts to this: when the user wants to save the last phone call as a contact, you look to see whether that phone number is in the contact database. If it is, you bring that contact up for editing. If it is not, you create a new contact pre-populating the phone field with the last number called.

      Seriously. How in the world does the patent office grant such rubbish patents? Do they go out of their way to hire clueless people, or do they have a special training program?

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  3. Obvious shit.. WHY??!?!@ WHY !?!?! by Anonymous Coward · · Score: 3, Insightful

    I still want to know how the fuck you can patent checking email or checking battery strength? Or well all this chit is just stuff a guy living in a bubble and suddenly told to make a wireless phone that goes on the internet would think to add himself if he wasn't a moron.. I mean..FUCK

    1. Re:Obvious shit.. WHY??!?!@ WHY !?!?! by jimmyfrank · · Score: 2, Interesting

      Right? I mean, hey, lets write a calendar app for a mobile phone... but wait... how on earth will we get the information on the calendar app to show up on our app that runs on our desktop. Some how we'll send data back and forth, ZOMFG PATENT INFRINGEMENT PATENT INFRINGEMENT PATENT INFRINGEMENT...sad...

  4. Another Example by sabs · · Score: 5, Insightful

    This is yet more proof that software patents are stupid.

    1. Re:Another Example by Penguinisto · · Score: 5, Interesting

      Plus it puts today's earlier story into some rather sharp perspective...

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
  5. Protection Racket by MozeeToby · · Score: 5, Interesting

    Wow, one story about how Microsoft says you should develop a Windows 7 phone so that you're safe from patent lawsuits immediately followed by a story about MS suing an Android developer for patent infringement. I think maybe someone in MS PR department needs to read up on the definition of subtlety.

    1. Re:Protection Racket by Penguinisto · · Score: 4, Insightful

      When it comes to the mobile market, Microsoft doesn't have time for subtlety... their mobile reputation has been circling the drain for years now, hype be damned.

      Thing is, unless there's an immediate injunction granted, Microsoft may not have time for the lawsuit to work its magic either... maybe they're just hoping to make off of forced royalties what they suspect they won't be making in voluntary licensing and/or sales? 'course, if that's their strategic move in mobile, their "technologies" are liable to become about as relevant as an LZW-compressed .gif file is to pictures online.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
  6. Don't Cave in by IRWolfie- · · Score: 2, Interesting

    I hope Motorola doesn't agree to any settlement like HTC. best for this to go to court to clear android

  7. Enemy of My Enemy, etc... by Penguinisto · · Score: 5, Interesting

    There may not be much mobile love between Google and Apple, but I'm quite sure that neither one wants Microsoft to win anything in such a market.

    After all, if Microsoft wins this one, what's to stop them from contriving other overly-broad patents against Apple's iPhone at the first convenient moment?

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
    1. Re:Enemy of My Enemy, etc... by Motard · · Score: 5, Insightful

      From the MS blog post...

      "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."

      Android threatens the iPhone perhaps more than Windows Phone 7 does at this point.

      Plus, an Apple proprietary device vs. a Microsoft operating system used by many manufacturers is a competition model that both Microsoft and Apple have been content with for a very long time. Google is an interloper.

    2. Re:Enemy of My Enemy, etc... by Penguinisto · · Score: 4, Insightful

      Some picking apart may be in order here...

      Apple sued HTC over hardware patents, IIRC. Microsoft merely included their (and Oracle's) name to legitimize what they were up to in the eyes of their audience. Not sure I'd want the association with Oracle, though - that particular one smells/tastes like Ellison trying to generate some revenue off of his recent purchase of Java, not (as portrayed) as some aggrieved party sick of getting ripped off (remember, Oracle just bought the thing).

      Long-term, sure, Google will likely be vying w/ Apple for the #1 slot. OTOH, I don't think Apple cares if they ever quite reach #1 in the smartphone market, or any market. If they cared about market position, Verizon would be selling iPhones by now, and Dell and HP would be selling computers with OSX preloaded on them. OTOH, Apple has its own, not-so-obvious goals, mostly having to do with holding more money than the US Treasury and China combined, methinks.

      Finally, one last nitpick... I sincerely doubt that Microsoft was/is cozy at all with the iPhone coming out of nowhere and basically tearing it a new arse in the US smartphone markets (and I bet that Palm hated the whole episode even worse). Globally, Microsoft was drowned out by Nokia anyway. :)

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    3. Re:Enemy of My Enemy, etc... by Blink+Tag · · Score: 2, Informative

      Some picking apart may be in order here...

      [...] I don't think Apple cares if they ever quite reach #1 in the smartphone market, or any market.

      Since we're picking things apart, perhaps you should acknowledge that Apple is very definitely #1 in the most important facet of "market share," namely share of industry profits, beating out Nokia, Saumsung, and LG combined. I contend it's a metric they most certainly care about.

      See the pretty graphs at
      http://tech.fortune.cnn.com/2010/09/21/pie-chart-apples-outrageous-share-of-the-mobile-industrys-profits/

    4. Re:Enemy of My Enemy, etc... by Motard · · Score: 2, Funny

      Oh, I didn't mean to imply that there are cozy relationships.

      Think of it this way: There's a pack of wolves with pack members named Oracle, Apple, Microsoft and a bunch of other (mostly smaller) wolves. There's a constant vicious competition for the alpha male position, but some ground rules have been established.

      Then a big ol' wolf called Google shows up. He's from another pack and doesn't necessarily play by the same ground rules. And he threatens the dominance of all three. So he's attacked viciously.

      Meanwhile, a wolf from Google's (web) pack (named Amazon) uses the distraction to screw Google's bitches (by selling Android apps).

      And of course there's always a lone wolf. This one is called Adobe and he's trying desperately to impregnate all the bitches in all of the packs.

    5. Re:Enemy of My Enemy, etc... by beakerMeep · · Score: 4, Interesting

      Another nitpick: those are estimates and they show great shakeup in the market. While Nokia was down 40% in profit, HTC was up 33%. Apple does indeed make a boatload of cash but Android is what is currently shaking up the market.

      Back on topic though I wonder why MS isn't suing themselves, since they seem so keen on paying Verizon money to put Bing on Android.

      --
      meep
    6. Re:Enemy of My Enemy, etc... by Blink+Tag · · Score: 2, Informative

      As I understand, the income figures were culled from public filings. Estimation of income would only come into play when reconciling accounting rules between countries.

  8. Interesting choice of company to attack by Frag-A-Muffin · · Score: 5, Interesting

    Hmm .. let's see. HTC, Samsung, LG and Moto make Android phones. HTC, Samsung, and LG also make WinMo (sorry ... WP7) phones as well.

    I can't imagine Moto's differentiating factor between all the other handset manufacturers are the only bits that MS has issue with. (Anyways, isn't it all just skinning on top of Google's Android?!)

    Soooo, this must be a "screw you" for no longer making WinMo phones?

    --

    AirSpeak - http://itunes.com/apps/AirSpeak
  9. Pot meet kettle by Pop69 · · Score: 5, Insightful

    In the past Microsoft was the one screwing over its "partner" and stealing mobile phone technology

    http://en.wikipedia.org/wiki/Sendo

    http://www.theregister.co.uk/2003/01/06/microsofts_masterplan_to_screw_phone/

    So having based their smartphone stuff on stolen tech, they're now turning round claiming other people are stealing their tech ?

    Oddly enough, it looks like Motorola were the ones who ended up with the Sendo tech.

  10. Microsoft's Reasoning by StormReaver · · Score: 5, Insightful

    Microsoft's reasoning is simple: We're going to get our asses kicked by Android in the mobile market, so we're going to use our vast resources to try to destroy yet another superior product. This is standard Microsoft business practice. So shameful.

    1. Re:Microsoft's Reasoning by swb · · Score: 5, Insightful

      It seems even more desperate than that. I think the smell of death has taken hold at MS -- they're toast in search, Windows Mobile went from pervasive to MIA in very short time span, they actually had tablets out years ago and now Apple seems to have a massive lead (at least in mindshare).

      My guess is they figured they HAD to do this because a flop with WinMo7 would be highly embarrassing and possibly cost Ballmer his job.

    2. Re:Microsoft's Reasoning by Anonymous Coward · · Score: 4, Insightful

      Which begs the question: Why the hell does Ballmer still have his job? He's utterly buried that company. It's running on nothing but the installed user base of his predecessor's tenure, momentum, and fumes.

      What is his vision for the future of Microsoft? Anyone? "The Wow?" What happened to that?

  11. Re:Totally called it by blind+biker · · Score: 5, Insightful

    MS: Get our mobile OS - it's good, it'll protect you from lawsuits.
    All: Protect us? From who?
    MS: Us, mostly...

    --
    "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
  12. Re:Worry about app devs, not Microsoft or Google by Penguinisto · · Score: 5, Insightful

    It's interesting that you'd advocate for a quick and easy surrender, when in fact Microsoft may not even have a case (or even valid patents). Smells like FUD, circa 2003.

    If Google came out swinging, no sweat - the devs (like everyone else) will figure that it'll settle anyway, and barring injunctions (unlikely), business will continue as usual.

    You know? If IBM took the attitude that you're advocating, we'd all be paying some jackass in Utah $700/seat for Linux.

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
  13. Re:Corporate Warfare by pavera · · Score: 3, Insightful

    It's because the lawyers are running the show, and they win every time this stuff happens, no matter which side wins, the lawyers still get rich.

  14. Better to keep your mouth shut? by Qubit · · Score: 5, Interesting

    Let's think about this one. A big-shot at Microsoft tries to explain what's going on RE: a patent suit they're bringing against a competitor. Remember: it's a patent suit here.

    Gutierrez:

    People use smartphones for much more as well: they surf the web, play music and videos, and run apps.

    They do a lot of common activities, yes.

    Consumers expect more and more from their smartphones every day, making their phones resemble not so much a phone as a handheld computer.

    So really, their smart phones are acting like ordinary computers, right? So perhaps we could imagine their phones in that same problem space, as they are, according to Mr. Gutierrez, basically computers.

    Of course, for certain apps to run efficiently on handheld devices, they must be notified of changes in signal strength and battery power and the device must manage memory for storing data.

    Of course! I mean, I and the rest of us people with tech backgrounds totally agree with you! Just as in other domains like pagers, heart monitors, etc..., it would make perfect sense that for other small, mobile devices, things like managing power or signal strength would be relevant and important for the end user to know about.

    I mean, any one of us people well-versed in the field of technology would probably come up with something similar to what you did. I mean, "of course" we would!

    Given the wide range of functionality smartphones offer, they also need to be able to display relevant choices for users efficiently. Microsoft’s patented technologies tackle all of these challenges.

    Maybe Microsoft's patents read on some of this technology, but it sure sounds like you're trying to convince us exactly how necessary and obvious the content of these patents are in the context of computers, and I have to ask: Are you trying to win this case, or sink it?

    --

    coding is life /* the rest is */
  15. 30 years developing cutting-edge computer software by Anonymous Coward · · Score: 4, Insightful

    from the linked Microsoft blog post:
            "we’ve spent over 30 years developing cutting-edge computer software."

      hmm... personally, I feel that they've spent 15+ of those years abusing a monopoly thus sabotaging competition and reducing innovation. If theirs can be called innovation it's only because they cut everyone else off at the knees with legal tactics and illegal marketing manoeuvres.

  16. Re:Hmm by causality · · Score: 3, Informative

    Didn't someone just post in the thread about Microsoft's indemnification promise that no one had ever sued a handset maker for patent infringement?

    I read that post too. It said that no one had ever successfully sued a handset maker who used Linux systems for patent infringement. That remains true unless Microsoft prevails in this suit.

    --
    It is a miracle that curiosity survives formal education. - Einstein
  17. Re:Totally called it by blind+biker · · Score: 2, Interesting

    I do thank you for that, kind sir.

    However, I don't believe in karma. If such thing existed (the way it's understood in the West, which is the context in which we are speaking), Microsoft would have been bankrupt long ago, along with Monsanto, the RIAA and MPAA companies... and many, many politicians and executives would have had the equivalent happen to them.

    --
    "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
  18. Anti-capitalist by Antisyzygy · · Score: 4, Insightful

    Its interesting how companies spout out capitalist philosophy based arguments against laws when it benefits them, but are quick to use non-capitalist strategies to edge the competition out.

    --
    That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
  19. is ballmer being forced out of microsoft? by Dan667 · · Score: 4, Interesting

    This smells like a desperation move of someone who tries to solve every problem with marketing. Buy our products because they are better? Nope, buy them out of fear. Stupid. My guess is ballmer is in the process of being forced out of microsoft.

  20. Holy shit by AlgorithMan · · Score: 2, Informative

    Holy shit!
    I didn't think this
    http://mobile.slashdot.org/comments.pl?sid=1805678&cid=33762968
    would become reality so fast

    --
    The MAFIAA is a bunch of mindless jerks who will be the first up against the wall when the revolution comes
  21. PATENT by glittermage · · Score: 3, Funny

    You know what PATENT means?

    Patent
    Attorney
    Trust
    &
    ENrichment
    Tool

  22. The Patents by Troy+Roberts · · Score: 2, Informative

    5,579,517 "Common Name Space for Long and Short File Names"
    5,758,352 "Common Name Space for Long and Short File Names"

    So, these two are the the infamous FAT patents.

    6,621,746 "Monitoring Entropic Conditions of a Flash Memory Device as an Indicator for Invoking Erasure Operations"

    Defrag applied to flash, really that deserve a patent?

    6,826,762 "Radio Interface Layer in a Cell Phone with a Set of APIs Having a Hardware-Independent Proxy Layer and a Hardware-Specific Driver Layer"

    Hmmm layering an API so that you have an invariant user space API and hardware driver portion. Seems like the kind of thing every OS does.

    6,909,910 "Method and System for Managing Changes to a Contact Database"

    Really!?!? I wonder how if my first year CS course work violates this patent.

    7,644,376 "Flexible Architecture for Notifying Applications of State Changes"

    Hmmmm... a publish/subscriber notification protocol, no that has never been done before.

    5,664,133 "Context Sensitive Menu System/Menu Behavior"

    Ha, Ha, Ha Context sensitive menus! I could have sworn I have seen things like that for the last 20 years or so.

    6,578,054 "Method and System for Supporting Off-line Mode of Operation and Synchronization Using Resource State Information"

    Hmmm... patenting persistent state storage as part of a synchronization process. Hmmmm... I wonder if any of the hash based synchronizer I have built in the past would infringe.

    6,370,566 "Generating Meeting Requests and Group Scheduling from a Mobile Device"

    Oh, doing it from a mobile device makes it so much more unique.

    They are all garbage patents and if Motorola decides to fight versus cross licensing, I don't believe they will hold up.

    1. Re:The Patents by shutdown+-p+now · · Score: 2, Insightful

      Just keep in mind that patent title can be "Masturbating fluffy bunnies" for all anyone cares, what it's actually about is in the claims. Patent titles are often very broad, much more so than what the patent actually claims. So don't be so quick to think that patents won't hold up in court.

  23. Phone wars begun have they. by bobstreo · · Score: 2, Insightful

    So apple/RIM/MS/Google/Motorola/HTC are all in lawsuits against each other?

    Why oh why didn't I get a law degree?

    In other words, the only ones who are going to win in all this stupidity are the lawyers.

  24. Re:30 years developing cutting-edge computer softw by Svartalf · · Score: 2, Funny

    Actually it's been more like 20-25 years of that sort of thing...

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  25. Re:Windows mobile Backwards Compat is not a featur by UnknowingFool · · Score: 3, Insightful

    Windows Phone 7 is not the patsy that Windows Mobile was. It's a threat. Nobody with a Windows Mobile device is dreading an upgrade to a competitive phone.

    Businesses normally don't like spending money for no reason. Many of them that currently have Windows Mobile phone will not like having to spend money on new versions of their current apps. Also they cannot upgrade their current phones to Windows 7. So that gives them no incentive to stay with Windows. They have to buy new apps and get new phones so then it offers no advantage to Windows. That puts it on par with Blackberry.

    Couple that with the emphasis that Microsoft has put on Windows 7 Phone being a consumer not a corporate phone. So a brand new phone OS has fewer corporate features than their previous phone. While Blackberry is rolling out more corporate features. Gee, which one will corporations buy?

    Name me one other mobile provider that has corporate development support already built into major corporations.

    As I said before Windows 7 Phone is focused on the consumer market. It does not matter how much lip service MS pays to having a corporate development environment if corporations are not going to buy Windows 7 phones for their employees because it does not have the features that they need. At best only corporations that develop apps might be interested in Windows 7.

    Windows Mobile was a place holder. Windows Phone 7 is a game changer.

    So far the market the kept Windows Mobile alive has been the corporate market. And MS is throwing it away for the consumer market. But from what I've seen of Windows 7, they are years behind Apple and Android. Heck, they are years behind WebOS. What do you base this belief that they will be a game changer when the game passed them by years ago?

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  26. More like 30 years buying cutting-edge software by HannethCom · · Score: 2, Interesting

    Word, Office, Excel, Outlook, Access, Powerpoint, DOS, BASIC, Internet Explorer, Visual Studio, SourceSafe, Windows NT, NTFS.

    What do all the above and and many more have in common? None of them were originally developed by Microsoft. Most were acquired by buying other companies. Some, like IE(Core rendering engine was Spyglass Mosaic) Windows NT(Core OS was the same as OS/2 developed by IBM) and NTFS (slight modification of HPFS from IBM), were acquired in licensing deals where Microsoft was not always honest about their intentions.

    No, BASIC was not created by Microsoft, it existed before Microsoft did, but the company that created it was bought out really early on by Microsoft. Any technology that was invented by a company that Microsoft buys out they claim as their own invention as they now own the company and usually the people that created the technology.

    That being said, they did create Win16 and Win32. ADO was a really good idea that they got right the first time, then messed up up, then fixed it, messed it up again and I think have finally fixed it. Works I believe is completely Microsoft. DirectX was a Microsoft project that Microsoft was against originally.

    --
    Microsoft, Apple, Google, Amazon what's the difference? All steal money from devs and control with walled gardens.