Slashdot Mirror


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.

35 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 Sylak · · Score: 4, Informative

      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

    2. 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.

    3. Re:Shouldn't they be after Google? by Anonymous Coward · · Score: 2, Informative

      Google is compliant; Google currently pays Microsoft for each Google branded handset that runs Android. All other manufacturers also pay MS for each Android handset they sell. Kyocera has not signed on yet apparently but they will need to also sign a licensing agreement with MS. Remember to pay your MS tax Android fanboys.

    4. Re:Shouldn't they be after Google? by roc97007 · · Score: 4, Informative

      >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.

      Good point, but (given that IANAL) when you litigate issues like this, you don't go after the company with truckloads of cash that's highly motivated to fight it to the last breath in court. You pick a smaller target that's more likely to settle. Not only getting you the cash, but also establishing a precedent.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    5. Re:Shouldn't they be after Google? by Microlith · · Score: 4, Interesting

      Google could actually fight back, while the handset vendors are far more likely to buckle if their business is threatened with a block. They also resist tipping their hand to reveal what patents they want licensed, but Google would actually demand to see it - and possibly file a patent counter-suit.

    6. Re:Shouldn't they be after Google? by Chess_the_cat · · Score: 2

      Google would demand to see what? Google already acknowledges Microsoft's patents and pays a licensing fee. Samsung also pays. They paid $1 billion to MS last year to use Android.

      --
      Support the First Amendment. Read at -1
    7. Re:Shouldn't they be after Google? by exomondo · · Score: 2

      We've already seen what patents they are, they've been revealed in court and were made public by the Chinese government. The question is whether they are valid.

    8. 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.

    9. 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
    10. 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.

    11. Re:Shouldn't they be after Google? by thesupraman · · Score: 4, Informative

      I assume you are intentionally pointing out that refrigeration WAS held back for decades because the ice supply companies (huge at the time) did exactly this?
      Of course with submarine patents, etc these days 'decades' can be much much longer..

    12. Re:Shouldn't they be after Google? by John.Banister · · Score: 2

      I think it's doubly sad that any court allows a patent infringement suit to be filed where the party claiming infringement doesn't have to show exactly what patents are infringed upon and specifically how as part of the filing. Any court that permits such a thing has to be seen as irredeemably corrupt forever after and should be replaced with someone honest.

    13. Re: Shouldn't they be after Google? by viperidaenz · · Score: 4, Informative

      I have a Moto G, pretty vanilla version of Android 5.0.
      It supports USB Mass Storage just fine and FAT32 formatted usb drives.

    14. Re: Shouldn't they be after Google? by thegarbz · · Score: 2

      Really your Motor G shows up as a Removable Drive in Windows? Because every bit of my Google-fu says it doesn't, says it's unsupported, Verizon's website says it's unsupported, Motorola's website says support was removed, and Google's android site provides a big list of technical reasons of why USB Mass Storage is not supported on Android for the internal memory of a device anymore.

    15. Re:Shouldn't they be after Google? by MBGMorden · · Score: 2

      The Wright brothers pretty much killed off the fledgling aviation industry in the US by patenting everything related to aviation

      Patents also helped here though - sometimes designing around them spurs innovation.

      The Wright Brothers had a "warping wing" method for turning the plane that they had patented. To get around that patent aileron's were invented - and were a far superior technology.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
  2. Always nice to collect money for no work by innocent_white_lamb · · Score: 2

    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!
    1. 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
    2. 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.
  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. So what exactly ARE these patents? by rHBa · · Score: 2

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

    1. Re:So what exactly ARE these patents? by buckfeta2014 · · Score: 2

      FAT file system for SD cards, among other things.

      --
      Buck Feta. You know what to do.
    2. 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...
    3. Re:So what exactly ARE these patents? by gronofer · · Score: 2

      In its complaint, Microsoft alleged that some of the features of the Kyocera smartphones infringe patents the software company holds in the areas of power management for enhanced battery life, "self-aware" devices that respond to changes in the user's surroundings, text messaging and doing multiple tasks on a computing device at the same time.

      So they have patented self-aware phones, and other amazing innovations like doing multiple tasks at the same time on a single device.

    4. Re:So what exactly ARE these patents? by exomondo · · Score: 2

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

      There's a link in here.

  6. Compete in the marketplace, not the courtroom by QuietLagoon · · Score: 2

    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?

  7. 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.

  8. Did Google negotiate patent licensing for android? by DougPaulson · · Score: 5, Informative

    @ ZorinLynx: "Wouldn't that mean Microsoft should be going after Google, and not Kyocera? Google produces the software, after all."

    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 :Steven J. Vaughan-Nichols: Patent trolls under attack, but not dead yet.

  9. In related news.... by Patent+Lover · · Score: 4, Funny

    All 7 U.S. Kyocera phone owners cried foul!

    1. Re:In related news.... by Anonymous Coward · · Score: 4, Funny

      That's twice as many as Windows Phone users worldwide! Kyocera has to compensate Microsoft for all those lost sales.

  10. List of Patents (Chinese!) by Anonymous Coward · · Score: 3, Informative

    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

  11. 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.
  12. Re:yup, this is definitely /. by syockit · · Score: 2

    It was a big deal. You probably missed the party.

    --
    Democracy is for the people; you only vote once per season and we'll do the rest of the work for you don't have to.