Microsoft Asks US Court To Ban Kyocera's Android Phones
angry tapir writes: Microsoft has asked a court in Seattle to ban Kyocera's DuraForce, Hydro and Brigadier lines of cellular phones in the U.S., alleging that they infringed seven Microsoft patents. The software giant charged in its complaint that some Kyocera phone features that come from its use of the Android operating system infringe Microsoft's patents.
>complaint that some Kyocera phone features that come from its use of the Android operating system infringe Microsoft's patents.
Wouldn't that mean Microsoft should be going after Google, and not Kyocera? Google produces the software, after all.
It's nice to be able to collect money from others in exchange for absolutely nothing.
How can you steal someone's idea if you actually came up with it independently? That should be enough to invalidate their patents on its own. If you and I both come up with the same idea at around the same time, then that idea is "obvious".
If you're a zombie and you know it, bite your friend!
Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
Seriously. So many features that are "obvious" are patented for no real reason.
That's an example of moral misery. In my opinion.
For everyone who thinks that Microsoft has turned over a new leaf under Nadella, here's the proof that they are still evil at heart.
Disclaimer: IANAL. This post is, however, legal advice, and creates an attorney-client relationship.
I keep hearing about Microsoft's Android patents but I still don't know what they are?
Didn't Microsoft used to say, when it was being sued by competitors for its monopoly tendencies, that companies should compete in the marketplace, and not in the courtroom?
I really hope Kyocera doesn't back down & settle out of court. I'd love to see this go forward and see if Microsoft's patents really would hold up legally. I doubt they would, but that's all theory 'til it's tested out.
If they weren't any good they would flop in the marketplace and not worth suing over, so I see this as a signal from Microsoft that Kyocera is making some good phones. Anybody here have specific models to recommend (preferably with CM11 on it)? Samsung has gone all nuts with no storage or battery options, so since I'm looking for a new vendor, might as well be one that's fighting a bully.
My God, it's Full of Source!
OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
@ ZorinLynx: "Wouldn't that mean Microsoft should be going after Google, and not Kyocera? Google produces the software, after all."
:Steven J. Vaughan-Nichols: Patent trolls under attack, but not dead yet.
It would except microsoft knows it doesn't have a legal leg to stand on and the smaller players are easier to extort than the behemoth of Mountain View, California.
@Sylak: "IIRC Google negeoated patent protections/licensing for certain things in android, anything beyond that is the responsibility of the phone manufacturers because it's their software changes"
No, google never negotiated patent 'protection' from Microsoft in relation to Android. Microsoft has refused to reveal what these patents are. but is quite happey to fund Patent Trolls to go after legitimate companies. See
do they know something "infringes" without seeing the code? are they patenting the idea of basic functionality?
All 7 U.S. Kyocera phone owners cried foul!
Well, it seems that despite Microsofts NDA to try to keep its patents secret, the Chinese government simply published the list of claimed infringing patents Microsoft asserts. Sadly its in Simplified Chinese, but the english in brackets tells yo what they're about (badly spaced).
It's difficult to take fluff like this seriously (Method and System for Managing Changes to a Contact Database?? Method And System For Configuring A Timer?? Garbage FFS, the patent office joking again).
Common Name Space for Long and Short Filenames
Method And System For Configuring A Timer
Loading Status in a Hypermedia Browser Having a Limited Available Display Area
RadioInterface Layer in a CellPhone witha SetofAPI's Havinga Hardware-Independent Proxy Layer and a Hardware-Specific Driver Layer
System Provided Child Window Controls
Context Sensitive Menu System/Menu Behavior
Flexible Architecturefor Notifying Applicationsof StateChanges
Handheld Computing Devicewith External Notification System
Browser Navigationfor Devices Witha Limited InputS ystem
Methodand Systemfor Managing Changes toa Contact Database
Simulating Gestures ofa Pointing Device Usinga Stylusand Providing FeedbackThereto
Highlevel Active PenMatrix
SoftInputPanel SystemandMethod
Synchronizing OveraNumberof Synchronization MechanismsUsing FlexibleRules
MonitoringEntropic Conditionsofa FlashMemory DeviceasanIndicatorfor Invoking ErasureOperations
Methodand Systemfor Creating Multi-Lingual Computer Programs by Dynamically LoadingMessages
Communicating Multi-Part Messages Between Cellular Devices Usinga StandardizedInterface
Methodand Apparatus ForCapturing And Rendering Annotations For Non-ModifiableElectronicContent
Selection Handlesin Editing ElectronicDocuments
Methodand Systemfor File SystemManagement Usinga Flash-Erasable,Programmable, Read-OnlyMemory
Remote Retrievaland Display Managementof Electronic Documentwith IncorporatedImages
Computer Systemfo rIdentifying LocalResources
Event Architecture For System Management in an OperatingSystem
Exchange ActiveSyncEAS
Extended FileAllocationTable,exFAT
Remote Desktop Protocol,RDP
How come it wasn't as big a deal when Apple did the same thing to Samsung? Because nowadays hating "M$" has become a prerequisite for getting your "geek cred" card renewed, but being a neckbeard-having, skinny-jeans wearing tool whose smartphone case has a cutout where the Apple logo is so other tools can see you're a member of the "club" is totally acceptable.
Cool story, Bro. They have to go after the maker of the device. Almost all of the Android device makers pay a royalty to Microsoft. Samsung, for instance, could damn well afford all the lawyers it needs. But they pay. They sure wouldn't do that if Microsoft didn't "have a leg to stand on." Microsoft makes more money from Android than Google does.
What Geniuses.
"Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
ah but paying ms and then getting the money back in wp, windows etc licenses - and cross licenses - helps samsung.
it keeps the smaller players out from the market.
never noticed how the western phone market is lacking all the new manufacturers? that's not a coincidence and this is how they're keeping them out.
world was created 5 seconds before this post as it is.
Dude, they own Nokia and all its IP. What more do they need to dominate the future retro-cell revival market?
We will never know until there is sufficient resistance. In the meantime, suck it up. This world is your making.
“He’s not deformed, he’s just drunk!”
I'd like to see a Sailfish OS Brigadier. Perhaps they could also work with the Blackphone people and make a phone that's resistant to both an adverse digital and physical environment.
Not if they get a lawyer like this one?
http://saveie6.com/
I suggest everyone buy a Kyocera phone as his next phone. Time to fight patent trolls with our wallets.
Those who can't write code, troll those that do.
Where are all the Microsoft fanboys who keep claiming that Microsoft use their patents defensively?
This proves them wrong (again).
Litigate the shit out of them!
Fuck you microsoft. Patent abusing ass clowns.
for $100 (and i plan use that opportunity to kick his ass for broken Skype)
!!!! balmer dik suker
LMOL, umm yes Potsy they would pay Microsoft. Court battles can be lengthy and costly. So it's cheaper to pay than to litigate. Not too mention, Samsung carries Windows line of phones. So if they decided to fight Microsoft in court, they could lose Microsoft's business. Again, better to pay the hush money. Now Google on other hand.....
It isn't cheaper to pay than to litigate, it simply costs less NOW, but dare say it costs more in the long run. I like the IBM model better, the smoking remnants of SCO stands as a testimony to anyone daring to take on IBM. It cost a lot of money to burn SCO to the ground, but it serves as a reminder to all, "don't fuck with me"
Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
I doubt that's the main reason new manufacturers aren't breaking the market in North America.
I'd be more of the opinion that the difficult and hostile retail market in North America is the main cause, not the other manufacturers.
Didn't you just confirm he was right?
Every case is different since it depends very much on how stubborn both parties are. That is why companies like MS, Google and Apple make large cash deals for unlimited use of the patents they need access to. The other parties know very well the courts will force a reasonable settlement that doesn't ruin the defendant.
Don't let the headlines confuse you. Many patent cases don't even make it to court, they more often are settles behind closed doors.