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Microsoft Files Legal Action Against Samsung Over Android Patent Dispute
DroidJason1 writes: Microsoft has filed a contract dispute lawsuit against Samsung over what Microsoft claims is a breach of contract by Samsung involving Android patent royalties. Back in 2011, Samsung voluntarily entered into a legally binding contract with Microsoft in a cross-licensing IP agreement involving Android patents. Samsung has grown over the past few years and now believes that Microsoft's recent acquisition of Nokia nulls the agreement. Microsoft has gone to court and is asking to settle the disagreement with Samsung in order to continue the original agreement.
"Whether you think Microsoft's position is meritless or not, Samsung entered into a contract with them. They didn't ask a court for a legal opinion, they just stopped paying. You can't make unilateral decisions like that. "
Err - no.
In very rare circumstances do you ask a court to rule on a contract before anything has happened.
Their general response will be 'dismissed, you bear court costs, that's why you pay lawyers'.
The courts are in general not interested in offering legal advice - that's what you get expensive lawyers for.
This is exactly how contract law normally works.
X does something.
Y thinks they breached their contract, and consults their lawyers who agree that X breached the contract and has no right to future payment.
X says they diddn't, and their lawyers disagree.
Y stops paying.
X takes Y to court for non-payment.
Y cannot - at the first step - in most cases ask the court for an opinion.