Microsoft, Motorola Add 9 Patents To Ongoing Court Battle

FlorianMueller writes "Patent suits are the IT industry's new Christmas cards: Microsoft and Motorola just added new accusations to their row. Motorola filed another suit in the Western District of Wisconsin, for the first time also attacking the Kinect. Microsoft threw in seven patents in Southern Florida. Two of them cover touchscreen technologies and two allegedly read on Motorola's DVRs. At this stage of the game, 35 patents are in suit between the companies. Afraid to lose track of so much peace and harmony? There's a visualization available (detailed reference material included)."

Comments

All this because of Android?

[goruka]

It's hard to believe how this insane patent war between the top technology companies was simply created by Google by releasing Android. It's like seeing two completely different business models and corporate visions clash against each other, like international politics did in the cold war era. Alternatively, we could go back even further and call it "Google Allies vs the Axis of Evil".

Re:All this because of Android?

[Anonymous Coward]

Yes, because GOOG has no patents.

What does Google's stock name have to do with patents? Are you really too lazy to spare the two extra keystrokes to produce "Google"? Or maybe you're just one of those people who insisted on calling SCO "SCOX" in non-market contexts (even though the stock name is longer by one letter), as if to make their opinion sound more professional.

Re:All this because of Android?

[Locutus]

This all happened because the smartphone, netbook and tablet are growing in feature sets and demand and are a threat to Microsoft's primary income base, MS Windows OS, MS Office and even the MS Windows Server side of the income stream. Microsoft used to have lots of control over what went on preloaded computers but once Apple let the iPhone out of the bag it's been a tinderbox ready to burst into flames. When Apple showed what a well executed OS strategy could provide users without using Windows it was bad enough but it was one phone on one network by one company so it was just a thorn in Microsoft's side. Then, Google released Android to many vendors and Microsoft Windows Mobile's v6.0 was nothing new and their big 6.5 version was a major yawn. Now, we've got the iPhone OS moved onto the iPad tablet and lots of talk of Android and the ChromeOS moving to tablets and netbooks and still Microsoft has very little to compete with. What makes this worst is that Microsoft can't use much of their Windows OEM channel control to fight or stop this. The only thing they have is the legal system and they are very well versed in the legal system. They have been whipping up Partnership Agreements for years where the partner is clueless as to what they are really signing and end up losing their market just a few years later. So many companies, countries and even States have sued them over the past 20 years so they have a well polished legal division and since their technology isn't up to competing it's the only ammo they have left which has a bite.

All this because of Android but if it was not Android, it probably would have been Apple eventually. It does seem like Microsoft still has lots of OEM control considering how many years and times we've seen ARM based netbooks shown at computer conferences but none make it to market. ChromeOS might be the one product which changes that and then we'll see more of Microsoft's legal division in the press. IMO

LoB

2010. The beginning of the Great Patent Wars.

[mswhippingboy]

2010 may well mark the beginning of the "Great Patent Wars" where the patent system will begin consuming itself in mutually assured destruction.

Re:2010. The beginning of the Great Patent Wars.

[Anonymous Coward]

BIG companies can't sue one another because they have "dirt" on eachother.
For the rest of us it is just another barrier to enter the market.

Re:2010. The beginning of the Great Patent Wars.

[MickyTheIdiot]

I really do hope that the public wakes up to what is going on with patents and so-called "intellectual property" in general and the fact that it has degraded to the point that they are simply legal clubs to hit others over the head, but we are in such a state in this country. We've got a totally un-intellectual, shallow thinking populace in the U.S. that I doubt there is any way you can get the public to speak out about it.

Re:2010. The beginning of the Great Patent Wars.

[jhoegl]

Agreed, talk about stifling creativity and inventions.
Remember that snap-on case? Where the guy that developed the snap-on system did so at home, but because he worked salary at the company the company owned his idea?
Yeah... why should I invent anything unless I am hourly?

Now you got bozos in Congress that think that a flowchart should be patented, or just a method of doing something should be patented.
Holy shit, I should patent sitting down, Id be rich!

There are two way to achieve things

[oliverthered]

1: Don't pass a law
2: Pass a law and then make the law look so outrageous that it get repealed and never comes back again.

Microsoft wants Android DEAD, and so does Apple

[blind biker]

In this battle, MS and Apple are ad-hoc allies. Definitely a clash of Titans, but currently, the bigger warchest is stacked against Android. Don't forget Oracle's salvo against Java in Android.

Re:Microsoft wants Android DEAD, and so does Apple

[blind biker]

I don't see what made you jump to this conclusion.

Maybe it's my flu, but your ignorance is slightly irritating. Anyhow, here is your opportunity to educate yourself. And educate yourself some more
More details and a good analysis of Apple's strategy against Android.

No need to thank me, but if you do, you're welcome. Always pleased to reduce ignorance.

Re:Microsoft wants Android DEAD, and so does Apple

[Anonymous Coward]

I would assume the opposite. That Apple would love to see Google swipe the rug from underneath Microsoft because Google can play nice with others. Right now Apple's like European monarchs during the American Civil War: they're content to watch the north and south battle one another, they'd prefer the south to win b/c that would mean greater fragmentation and less tariffs, but they're not going to interfere because the war benefits them more than a victor on either side would.

Seems you've missed quite a bit of Apple/Google animosity lately.

Steve Jobs: "Make no mistake: Google wants to kill the iPhone. We won’t let them."

"Mr. Jobs returned to the topic of Google several times in the session and even disparaged its slogan “Don’t be evil” with an expletive, which drew thunderous applause from his underlings."

http://www.nytimes.com/2010/03/14/technology/14brawl.html

Re:Microsoft wants Android DEAD, and so does Apple

[Microlith]

It's not necessarily Microsoft trying to kill Android. This is Microsoft punishing Motorola for not agreeing to release Windows Phone 7 devices. Microsoft can't have Linux-based OSes exist on their own, they need to either have Windows* based devices coming out from the same vendor on the same (or similar hardware), or they need (demand) patent royalties.

It's just as abusive and anti-competitive, and the only end-result of this will be a nasty web of cross-licensed patents that ensure the mobile market is restricted to a handful of players.

How is it...

[thetoadwarrior]

Microsoft has all these patents that are useful for mobile phones but they've never released a good mobile phone. Maybe it's time to give up those patents and save themselves the embarrassment that will come about from drawing attention to their awful phones.

Patents acquired by illegal behavior

[dbcowboy]

Microsoft was convicted of committing monopolization in the PC arena. During the time frame of their illegal activity they surely submitted patents with ill gained money or people or knowledge. I think Motorola should bring this up in court. Its like a bank robber taking the stolen money and investing it. The bank robber gets caught and convicted... and spends some time on parole then ends up keeping all its ill gained investments along with interest. That this not right. The money and property obtained by a criminal activity should be taken away from the criminal. Plus, as part of the settlement with the US government Microsoft was required to open some of its application interfaces to competitors. That part may have been done to some degree, but more likely the argument could be made that Microsoft is capitalizing off of illegal behavior from the past and its settlement doesn't didn't go far enough.

Re:I hope ALL patents are valid

[Registered Coward v2]

With the war right now that almost every big company in the smart phone market is battling I hope the judges make all patent claims valid and make all the parties either stop selling their products or to pay ridiculous sums to each other. Maybe then someone will awake and see how much patents really progressing technology.

I would laughing so loud if Nokia, Motorola, Google, Microsoft, Qualcomm, HTC, etc. can't sell any products in the USA anymore because all patent claims would be find valid.

Nah, they'll just settle and cross-license. Companies have these spats all the time, and realize that a long drawn out battle is in neither's best interests. It does put other companies on notice, however, that they may be next; and create uncertainty about competitor's products.

Don't think of it as a war; but rather as large scale military maneuvers designed to show the other side what you can do; as well as warn smaller potential adversaries not to mess with you. No one really wants to fight as that is messy, costs money and may break your toys. The big guys look admiringly on each others show of power and come to agreements to avoid actually having to fight. Then you go have a beer together and plot how to get even more money out of the public coffers.