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ITC Judge: Motorola Mobility Infringed Microsoft Patent
chrb writes "An International Trade Commission judge has issued a preliminary ruling that Motorola Mobility infringed one of Microsoft's patents. The disputed patent covers storing a meeting request on a mobile device, and was rejected by the European Patent Office as being 'obvious.' The judge also ruled that six other Microsoft patents were not being infringed. Experts say that this will strengthen Microsoft's hand in collecting patent fees on Android. Microsoft recently claimed that it now collects patent fees on over half of all Android devices sold."
The European Patent Office was right.
That's not entirely true. Consider patent trolling is exactlu what they've done. Throw a bunch of vague loosely applicable patents at someone and hope something hits.
Well, one hit.
It is quite easy to get preliminary injunctions. But that doesn't mean a thing. Microsoft is trying to bully competitors into licensing of their trivial patents. A dying software empire.
Let all those Android device makers under several patent assaults from the like of Microsoft and the like do this:
Remove the "infringing" functionality from your phones but create publicity that the features are available through an extension-like add-on like similar to Firefox or Google's Chrome browser.
Then let's see who these patent litigants will sue. How about that?
6 of the Microsoft patents were thrown out and only 1 was upheld. The more Microsoft patents that can be identified as worthless the better. And the ones that are found to be infringing on their generic and prior art ridden patents they'll just work around it with another implementation of the functionality.
MS and also Apple think their trollish patent practices will strengthen them, but it is already apparent this whole patent bullying of late is turning into one big PR nightmare.
It makes waves over at Facebook and Twitter. For example lots of former Apple drones and die-hard fans are now turning away from the once idolized company. Open and friendly competition is gaining traction (the green robot stamped devices come to mind) because of this bad behavior. You accumulate patents to prevent Texan patent troll to abuse you, that is fine, but you can't use them offensively to prevent market entry for others, specifically using broadly applicable text hyperlink patent or some other creepy software pantent, that is just plain evil.
Reread the first sentence then get back to us!
I'm back.
Some balance from the Wall Street Journal:
Motorola Mobility Claims Patent Win Against Microsoft
Judge rules in favor of Motorola Mobility Holdings Inc on six of seven Microsoft Corp patents
http://online.wsj.com/article/BT-CO-20111220-716842.html
Microsoft has had six patents invalidated and will be forced to provide clarity on patent 566 (sharing calendar events). That means other companies will be able to work around the patent without paying Microsoft's extortion fee. It's an excellent first step in pulling the fangs of their patent trolling.
"I've got more toys than Teruhisa Kitahara."
How is it patent trolling? I was always told patent trolling is done by those that don't actually have a product and use patents simply to collect fees. Did MSFT get rid of WinPhone 7 and i missed the memo?
Frankly MSFT and Oracle and Intel and all these companies aren't to blame, its the USPTO for letting you patent any brain fart you can come up with so they can collect fees. After all every one they reject they don't get paid for. Instead it should be set up where they pay a set fee REGARDLESS of whether they get a patent or not, basically paying for the USPTOs time in the matter. Then they can take those fees, hire some experts in the fields, and throw a good 98% of these patents where they belong which is right in the round filing cabinet.
But you can't blame one company for pulling the same shit everyone else is doing, look at Apple and how many fangirls we had rush to explain Apple was simply protecting their incredible innovation because gosh, nobody could think up a square with pretty icons!
ACs don't waste your time replying, your posts are never seen by me.
Did MSFT get rid of WinPhone 7
Not many of them, no.
"I've got more toys than Teruhisa Kitahara."
They are facing the very real reality that Windows 8 will flop. Tens of thousands of PC's are being replaced with ipads both at home, and in the enterprise.
Windows 7 and Windows 8 are not going to disappear until desktops and laptops disappear. How likely is that?
Enterprise lives and dies by spreadsheets, MS Word documents, custom software tools, and expensive 3rd party applications. Those are not manageable on "mobile devices." Besides, why an enterprise would want its workers to work while mobile? Most of them are hired specifically to sit in cubicles and work, not to relax in bars. Most work can't even be taken out of the company.
Microsoft has had six patents invalidated
Nope. The judge ruled the Motorola didn't infringe on six patents. He didn't rule then invalid.
Also of note is that Microsoft has brought suits against Motorola for over 30 patents, so this is just the beginning.
Microsoft doesn't need every patent to make it, they just need a handful.
No. Microsoft needs the "valid" patents to remain unidentified, so they can be used as a vague threat. Once patents are identified, it is possible for Microsoft's enemies (all 7 billions of them) to focus on invalidating the ones successfully used in such litigation. With enough effort applied all such patents can be proven to be invalid -- the problem is, Microsoft, just like many other companies, owns shitloads upon shitloads of crappy patents, and no one has resources to track down all the reasons why they are crap, and sue Microsoft over each and every of them.
Contrary to the popular belief, there indeed is no God.
The problem is that this ratio still sucks, because there are thousands of patents in play. Thousands might be invalidated, but the ones that are upheld are still idiotic and still cost the industry and the consumer billions.
Those who can, do. Those who can't, sue.
Fair comment. My point was that attempting to route around these silly patents is not the right way to go about it, because eventually some troll is going to come knocking on the door with a stupid patent for a core technology such as touchscreens, portable batteries or radio antennae.
The way to address these patents IMO is to fight the corrupt system that gave them validity in the first place. Yes, and I would like a pony.
"Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
You totally miss the implications of his post (possibly because he forgot to add the phrase "all of" to "Once all of the patents are identified"). Just because Microsoft decided to use X numbers of patents against Motorola doesn't mean they don't have another Y waiting in line for the next court case. So your quoted source makes no difference.
Since there is no legal way to require Microsoft to reveal all of the patents they think might infringe on Android, his post is, rather than FUD, merely fantasy. The fact that it is fantasy showcases a major problem with the patent system. The law should be that if someone pays licensing fees, they can require the party they are paying to reveal all of their patents which they feel are infringed (by that particular technology), and any patents which are not revealed are automatically rendered toothless (against that particular technology), even against third parties. (Now I'm fading into fantasy... <sigh/>)
> no one has resources to track down all the reasons why they are crap, and sue Microsoft over each and every of them.
You also missed a second major problem with his post: there is no legal penalty for filing an invalid patent. Or at least, for all practical purposes.