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Microsoft Asks US Court To Ban Kyocera's Android Phones

Posted by Soulskill on from the because-kyocera-is-totally-making-bank-off-your-patents dept.

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.

14 of 148 comments (clear)

  1. Shouldn't they be after Google? by ZorinLynx · · Score: 3, Insightful

    >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.

    1. Re:Shouldn't they be after Google? by Anonymous Coward · · Score: 5, Insightful

      Patents don't work like that. You don't fight the big players. You kill the small guys. In this case, Kyocera is the small guiy. It's a great system.

    2. Re:Shouldn't they be after Google? by arth1 · · Score: 5, Insightful

      So much for Microsoft's reassurances that they increase their patent portfolio for defensive purposes.

      It's sad that the patent system is the biggest obstacle to becoming an inventor and entrepreneur. The minute you make anything successful, the sharks gather.
      That surely wasn't the intent of the patent system.

    3. Re:Shouldn't they be after Google? by ArhcAngel · · Score: 3, Insightful

      The point is that Google used patented code and left all Android vendors exposed.

      Whoa there Tex...It has NEVER been proven/disproven so all that we know for sure is Microsoft alleges Android is infringing some nebulous patents that they refuse to reveal.

      Aint nobody got time for another Apple/Microsoft 15 year court case so most vendors are choosing to pay.

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    4. Re:Shouldn't they be after Google? by pete6677 · · Score: 5, Insightful

      There was a time when you had to patent a thing, as opposed to an abstract idea. Imagine if someone had been able to patent "using a mechanical device to cool the air". Refrigeration technology would have been held back for decades.

  2. Re:Always nice to collect money for no work by bobbied · · Score: 3, Insightful

    There is a catch 22 in the law here... Patents are public records so anybody can just copy a patent and claim they came up with it... If you hide patents from public view, you'd never be able to know if you violated one prior to the holder filing suit, but you'd have a obvious "it's obvious" argument in that case. IMHO: Patents are issued for way too many obvious things and rarely really have any unique content. I wonder if they really are necessary.

    --
    "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  3. No one should buy Microsoft products by faragon · · Score: 5, Insightful

    That's an example of moral misery. In my opinion.

  4. Microsoft still evil by MechaStreisand · · Score: 4, Insightful

    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.
    1. Re:Microsoft still evil by MouseTheLuckyDog · · Score: 4, Insightful

      Doh! GPL uses copyrights not patents.

  5. Re:So what exactly ARE these patents? by Nyder · · Score: 4, Insightful

    I keep hearing about Microsoft's Android patents but I still don't know what they are?

    The patents are that they will tie you up in court for years at costs way beyond what you'd pay if you just gave in.

    Apparently it's a new idea when you add: on a cellphone to it.

    --
    Be seeing you...
  6. Making Popcorn for The Show by Zamphatta · · Score: 5, Insightful

    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.

  7. Re:software patents shouldn't be a thing by Anonymous Coward · · Score: 0, Insightful

    another thing that's obvious is that you're an idiot

  8. Re:Always nice to collect money for no work by steveg · · Score: 4, Insightful

    The nature of the way patents are written is that they *are* hidden from public view -- while in plain sight.

    And are they necessary? Economists Michele Boldrin and David Levine make a *very* compelling case that they are not. The purpose of patents and copyright is to provide incentive to cause creators to create ("Promote progress" in the words of the Constitution), but the evidence that they show makes a really strong case that intellectual property actually retards progress.

    And Gates made that point himself in an internal Microsoft memo many years ago. "If people had understood how patents would be granted when most of today's ideas were invented and had taken out patents, the industry would be at a complete standstill today."

    --
    Ignorance killed the cat. Curiosity was framed.
  9. Re:Did Google negotiate patent licensing for andro by gl4ss · · Score: 4, Insightful

    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.