Motorola Countersues Microsoft Over 16 Patents

FlorianMueller writes "As if there weren't already enough patent suits related to smartphone technologies, Motorola just announced its widely anticipated countersuit against Microsoft. Its subsidiary Motorola Mobility filed complaints with two US District Courts (Southern District of Florida and Western District of Wisconsin). Motorola already litigates with Apple in those and other courts. According to Motorola, the patents relate to technologies in the fields of operating systems, video codecs, email, instant messaging, object-oriented software architectures, WiFi, and graphical passwords. Motorola claims Windows, the Live messenger, Windows Phone, Outlook and other Microsoft products infringe. Motorola's action is no surprise given that all of the companies sued over patent infringement by Android — with the exception of Google — have already countersued."

Comments

Pew Pew Pew...

[Anonymous Coward]

Its like a giant space battle.. but involving black suits, lots of money and lawyers.

Here's hoping none of them are taken seriously in the courts and all these silly, strategic patents are called what they are, invalid and worthless. (And hope that the technology, on whomevers side doesn't suffer)

One can hope right?

Re:Pew Pew Pew...

[Magada]

Aye! The patent Armageddon our forefathers have predicted is finally coming to pass. Take heart, brothers and sisters, and let the mighty beasts wail and crash each other asunder, for though there will be much wailing and gnashing of teeth, aye, and many a lost source of income, we will be there at the end, to wage battle with the last, greatest Patent Troll left standing and umm... sic the anti-trust hounds upon it? Again? Oh, wait...

Re:Pew Pew Pew...

[mea37]

So, do you have particular insight into these patents to back your claim that they are invalid and worthless?

Or are you one of those people who really thinks patents shouldn't exist, but won't just admit it?

Or perhaps you think you get to stipulate the terms of how a patent must be used for it to be valid and have worth, even though the system of patent laws intentionally doesn't do so?

This is going to be an interesting one

[dyfet]

While not covered well in the press, like IXI, Motorola is also demanding that Microsoft stop shipping "infringing" products, though in this case they speak of virtually the entire Microsoft product line. This can become very interesting. I think Microsoft picked on the wrong company to try and bully and run it's protection racket on this time. They seem to have inherited SCO's footgun...

Re:This is going to be an interesting one

[frinkster]

While not covered well in the press, like IXI, Motorola is also demanding that Microsoft stop shipping "infringing" products, though in this case they speak of virtually the entire Microsoft product line. This can become very interesting. I think Microsoft picked on the wrong company to try and bully and run it's protection racket on this time. They seem to have inherited SCO's footgun...

It will be an interesting fight. Don't forget that RIM sued Motorola, Motorola sued back, and they settled the suits out of court confidentially but with a couple pieces of information released to the public:

The financial terms of the Agreement include an up-front payment and ongoing royalties to Motorola. Further terms and conditions of the Agreement are confidential.

So yes, it is possible that Microsoft picked the wrong company to bully. RIM certainly did. Motorola has been doing high-tech stuff for a very long time...

Re:This is going to be an interesting one

[UnknowingFool]

From an outsider's perspective, I saw the MS lawsuit as a thinly disguised attempt to try fight dirty against Android. While some might think Apple is the biggest competitor in the mobile space, it's really Android. Just like the computer market, MS sells their OS primarily through their partners. Unlike the computer market, their partners have a suitable alternative in Android. Android is not completely free (there are things the handset makers agree to in order to use it) but probably much cheaper than WM6 was. The fear at MS would be if their partners abandoned them for Android (which they can't do for iOS). Short of making their own phone themselves, they will be left without any way to sell their OS. Unfortunately for MS, Motorola has a long history and lots of patents throughout the years.

Re:This is going to be an interesting one

[Theaetetus]

While not covered well in the press, like IXI, Motorola is also demanding that Microsoft stop shipping "infringing" products, though in this case they speak of virtually the entire Microsoft product line. This can become very interesting.

That's a standard request, and is unlikely to be granted. Because monetary damages are adequate for patent infringement, and because Microsoft isn't a tiny company with no liquid assets, a preliminary injunction is almost certain to be denied.

Enough Already

[WrongSizeGlass]

We need a "Major Player" summit of the largest technology companies. They can all get together, argue over who gets to sit in which chair, what they'll have for lunch (or brunch if they're feeling really ornery) and then have a knockdown-dragout fight over who's giant projector to use during the meetings. That should keep the suits and lawyers busy so the engineers back in the labs can actually get some work done.

No surprises

[Anonymous Coward]

All this patent litigation is going to result in a patent pool, locking new competition out of the smart phone market for 20 years. Hope the tech companies enjoy their little circle-jerk. All it's highlighting to the rest of the world is the stupidity of some of the patents involved.

I'll make the popcorn

[dkleinsc]

This is a Mutually Assured Destruction fight, but unlike others with this strategy I'm not going to be hit.

You would have thought that these Fortune 500 companies would figure out that the only winning move is not to play.

So a guy walks into a cell phone store ...

[PolygamousRanchKid]

Customer: "I would like to buy a cell phone."

Seller: "Sure! What are you looking for?"

Customer: "I would like to buy a cell phone from a company that is neither suing nor being sued by other cell phone cell companies.

Seller: "Sorry, all serious cell phone manufacturers are either suing, or being sued by other serious cell phone manufacturers."

Lawsuit Untanglement

[Jugalator]

With Motorola, Mircosoft, Nokia, and Apple having launched various lawsuits and counter-lawsuits against each other, I think that untangling this mess in the proper order is quickly starting to become an NP-complete problem.

Re:Lawsuit Untanglement

[TheRaven64]

Visualisation to the rescue! The Guardian has a map of the lawsuits. It's missing this one, so the Microsoft to Motorola arrow should have an arrow at the other end too.

This is MAD I tell you.

[HeckRuler]

Yeah, I could see this sort of thing coming when I heard that the whole point in building up a patent portfolio was to keep others from suing you in some sort of MAD deterrence setup.
They can't sue us because we'll sue them in retaliation? When has a lawyer EVER said "no, you can't sue them, that'd be stupid"?

Re:Southern District of FL

[amiga3D]

I think that if you don't make products you take your patent troll business to Texas. Evidently if you actually use your patents for making things you have to go elsewhere.

Judges should game the system back

[awkScooby]

If all of these judges would put temporary injunctions in place, banning the cell makers in their case(s) from selling infringing phones, the cell industry would come to a screeching halt. That's what the cell industry has effectively asked for, by everyone suing everyone else for patent infringement. Just take them all at face value, and stop all of these infringers from shipping anything. These patents are mutually assured destruction, right? Let the MAD begin!

Re:Southern District of FL

[kervin]

Anyone know why Motorola chose this court??

Motorola has a very large presence in Fort Lauderdale Florida.

Patent War I

[Weaselmancer]

More than hope. I really do think this is the beginning of the end for software patents.

You have these multibillion dollar companies with gigantic patent portfolios. The implied threat is there. "Don't sue us, or you'll get it in return." And the big players don't sue each other over trivial things that infringe because of the threat of mutually assured destruction. That's always been the rule, until recently.

Gigantic forces in reserve, a tangled web of alliances, then a single shot fired is what started WWI.

Something this inherently unstable as our current state of affairs doesn't take much of a push - we've seen it before.

The only problem is that these multibillion dollar companies place a monetary value on their patent portfolios. When those dry up all these companies will have to revalue themselves in the marketplace. Stocks will tank for a while. It'll be bad.

Re:Patent War I

[mea37]

And yet, WWI didn't end guns and bombs; it merely killed a lot of people. So you draw an analogy to this conflict, where the "weapons" are patents, and think the battle will put an end to the weapon?

This isn't the first, or the last, time that a group of large companies get into a mess where each alleges the other is infringing patents, and it's not the first, or the last, where all probably have some valid claims. If the MAD analogies that keep flying around were valid, and with the first shot fired, you might think the companies would all sink - and maybe you think Congress or the Court will see the effect of the current law as too damaging and step in. But none of those things will happen, because lawsuits have an option that nuclear war doesn't: settlement.

These companies have done nothing but move their standoff from a theoretical issue hidden in their file drawers to a practical matter in court filings. I predit they will reach an agreement where all are licensed to use all of the technology involved, maybe with payments from one to another if there seems to be an imbalance in overall contribution to the IP pool, and that will be that.

Re:Patent War I

[Weaselmancer]

Granted it's not a perfect analogy; I didn't use a car.

But I still think there are enough points in common to draw a parallel. A tangled web of alliances, a stockpiling of resources, and itchy trigger fingers.

But you're right - patents aren't bombs. That's why I predict a different outcome. How many patents are some of these companies sitting on? IBM is granted about 4000 per year. And now we're seeing squabbles involving a few dozen.

This can't do anything but escalate.

The next idea will be "They're suing us for 6 patents? Nail them for 12. They responded with 15? Go for 20." And so on.

With any luck the courts will see this for what it is. It is anti competitive. These patents don't protect innovation, they're a threat to others. A huge "nuclear option" series of lawsuits might be the best way to finally have the courts see this. If that happens perhaps we'll all get that patent rewrite we all have been hoping for. No better way to show the world something needs fixed than by demonstrating just how broken it is.

Just remember, it's your taxpayer money burning

[pyalot]

Because the judicial system is paid for by you, the taxpayer. So instead of doing important things, like processing violent crime, the courts get DDOSed now by a bunch of companies who like to play games with the system and you pay for it to happen.

It's about damn time...

[VortexCortex]

Finally, they've decided to use these patents for their intended purpose, to stifle innovation!

If only the PTOs publicly advertised patents as munitions against competition instead of insurance for inventors, it would simplify the whole process...

Judge: Everyone, roll for initiative. Ok, Motorola, your OOP patent does 2D8 x 10 million dollars of damage, and has a litigation speed of 8. Microsoft, what's your armor class?