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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.

22 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.

  3. 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?
  4. 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?
  5. 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 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.

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      meep
  6. 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
  7. 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.

  8. 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?

  9. 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.
  10. 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?
  11. 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?

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    coding is life /* the rest is */
  12. 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.

  13. 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".
  14. 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.