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Motorola Retaliates Against Microsoft Patent Suit

By - Source: Tom's Hardware US | B 35 comments

Let the legal mud-wrestling commence.

Motorola Mobility is taking Microsoft to court in a suit filed with the U.S. District Courts for the Southern District of Florida and the Western District of Wisconsin alleging infringement of sixteen patents by Microsoft's PC and Server software, Windows mobile software and Xbox products.

Motorola claims that it has patents that are used in the Windows OS, digital video coding, email technology including Exchange, Messenger and Outlook, Windows Live instant messaging and object oriented software architecture. That's not all though, as there are also Motorola patent objections directed to Windows mobile software relate to Windows Marketplace and Bing maps, as well as even on the Xbox side as it relates to digital video coding, WiFi technology, and graphical passwords.

Motorola Mobility has requested that Microsoft cease using Motorola's patented technology and provide compensation for Microsoft's past infringement.

Of course, this legal spat could have started when Microsoft shot first. Last month Microsoft sued Motorola over patents relating to Android features such as synchronizing email, calendars and contacts, scheduling meetings, and notifying applications of changes in signal strength and battery power.

Kirk Dailey, corporate vice president of intellectual property at Motorola Mobility, noted that Microsoft also has filed separate patent infringement litigation against Motorola. "It is unfortunate," he said, "that Microsoft has chosen the litigation path rather than entering into comprehensive licensing negotiations, as Motorola has mutually beneficial licensing relationships with the great majority of technology companies industry-wide."

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  • 21 Hide
    lmn8r , November 11, 2010 12:31 PM
    What a waste. If I were the judge i'd issue a summary judgment and order both companies to pay $40 million dollars to charity, and all patents in question are invalidated immediately and in perpetuity.
  • 20 Hide
    Bolbi , November 11, 2010 1:04 PM
    VladislausThe computer world would so much better without pattents. Its only purpose is to prevent innovation and fill the pockets of big corporations.

    No; the purpose of patents is to protect and foster innovation by making sure inventors who do the heavy lifting for new technological advancements can actually reap the benefits of their hard work. Patent law helps protect them from the theft of their intellectual property. The problem is that nowadays patents are too complex and vague and are granted for just about any ridiculous thing that a company can dream up.
  • 17 Hide
    gbean02 , November 11, 2010 12:25 PM
    More money for the liers, oops lawyers.
Other Comments
  • 4 Hide
    Camikazi , November 11, 2010 12:19 PM
    Ouch, this is not gonna turn out good for us if these suits are not dropped :/  we all know the costs will be passed on to the consumers.
  • 17 Hide
    gbean02 , November 11, 2010 12:25 PM
    More money for the liers, oops lawyers.
  • 21 Hide
    lmn8r , November 11, 2010 12:31 PM
    What a waste. If I were the judge i'd issue a summary judgment and order both companies to pay $40 million dollars to charity, and all patents in question are invalidated immediately and in perpetuity.
  • 4 Hide
    scook9 , November 11, 2010 12:34 PM
    lmn8rWhat a waste. If I were the judge i'd issue a summary judgment and order both companies to pay $40 million dollars to charity, and all patents in question are invalidated immediately and in perpetuity.

    I like this.
  • 10 Hide
    Anonymous , November 11, 2010 12:50 PM
    What next, Microsoft sues Plumbing industry for making toilets that use the recycle bin sound font!
  • -7 Hide
    Vladislaus , November 11, 2010 12:52 PM
    The computer world would so much better without pattents. Its only purpose is to prevent innovation and fill the pockets of big corporations.
  • 3 Hide
    Parrdacc , November 11, 2010 12:59 PM
    This is just Motorola telling Microsoft to back the #$%^ off. Basically, we won't be intimidated and can take you on just the same.
  • 20 Hide
    Bolbi , November 11, 2010 1:04 PM
    VladislausThe computer world would so much better without pattents. Its only purpose is to prevent innovation and fill the pockets of big corporations.

    No; the purpose of patents is to protect and foster innovation by making sure inventors who do the heavy lifting for new technological advancements can actually reap the benefits of their hard work. Patent law helps protect them from the theft of their intellectual property. The problem is that nowadays patents are too complex and vague and are granted for just about any ridiculous thing that a company can dream up.
  • 0 Hide
    DjEaZy , November 11, 2010 1:06 PM
    ... motorola is busy lately... suing apple, now microsoft... to lmn8r! I totally agree... +3873296 to YOU!!!
  • -1 Hide
    rocky1234 , November 11, 2010 1:11 PM
    How long has Windows been out & it took Moto this long to figure out that MS may be steeping on Moto's patents I call a bit of BS here for sure. If it is true & Moto wins this the PC world is in for some real headaches. I do not think a Judge in their right mind would even think of letting this go to court there are just way to many players in the PC world that would get hurt by this as well as the consumers.

    I really think there should be limits on how long you can sit by & watch your patents being used & not do anything about it.

    They want basically back pay for long term infringements that would pretty much almost bankrupt MS or at the very least put a big hole in their pockets there a millions upon millions of PC's in the world. I still call BS on Moto's part & this should never see the light of day in a court room. Both MS & Moto really need to sit down & work this out before it starts effecting everyone else & not just them.
  • 5 Hide
    Anonymous , November 11, 2010 1:38 PM
    @rocky1234

    not all companies exercise their patent rights, some actually believe in allowing the diverse application of their patents as long as it does not adversely affect their market standings, lets say ford allowed the use of stuff they developed to be used on planes, cause there is no way in heck they going be getting into the airplane business. Moto has decided to exercise these patents because MS decided to take Moto to task over violations of some of their patents, it's moto's way of saying hey you want to come back and negotiate those royalties again, this time with reasonable pricing
  • 3 Hide
    redraider89 , November 11, 2010 1:41 PM
    rocky1234How long has Windows been out & it took Moto this long to figure out that MS may be steeping on Moto's patents I call a bit of BS here for sure.


    It isn't Motorola's fault. Microsoft started the fight and when you pick on a company that's been around as long as Motorola has, innovating for decades, long before little Billy Gates was pooping in his diapers, you may find out you grabbed the wrong end of the snake. Microsoft may think they are big, but they are just too big for their britches as far as Motorola is concerned.
  • 3 Hide
    beayn , November 11, 2010 1:45 PM
    lmn8rWhat a waste. If I were the judge i'd issue a summary judgment and order both companies to pay $40 million dollars to charity, and all patents in question are invalidated immediately and in perpetuity.


    That could be why you aren't a judge :p 
  • 0 Hide
    alidan , November 11, 2010 1:48 PM
    rocky1234How long has Windows been out & it took Moto this long to figure out that MS may be steeping on Moto's patents I call a bit of BS here for sure. If it is true & Moto wins this the PC world is in for some real headaches. I do not think a Judge in their right mind would even think of letting this go to court there are just way to many players in the PC world that would get hurt by this as well as the consumers. I really think there should be limits on how long you can sit by & watch your patents being used & not do anything about it. They want basically back pay for long term infringements that would pretty much almost bankrupt MS or at the very least put a big hole in their pockets there a millions upon millions of PC's in the world. I still call BS on Moto's part & this should never see the light of day in a court room. Both MS & Moto really need to sit down & work this out before it starts effecting everyone else & not just them.


    lets assume that the pattents are lisenced out at 1 cent each, up to 5 cents each per license of windows, that would be 16 cents to 80cents a windows, lets say 1 $ for easier math. lets also go back to windows 95 and only comsumer versions, as in 95 98 me xp vista and 7, that would come out to

    95 = ?
    98 = ?
    me = ?
    xp = 400
    vista = 88 million (2007 number)
    7 = 240 million about


    at best they will get 16$ a (16 licenses a license of windows) license for back licensing.

    and fianly there are allot of electronic pattens, and this is usually how they go. its either its such a basic thing that they dont bother, and never would unless someone pulls a dick move like Microsoft or apple.

    if its a major game changing feature, its licensed out, or exchanged for other tech.

  • -5 Hide
    dman3k , November 11, 2010 1:52 PM
    Motorola is going down. I'm pretty sure that the judge will be biased and favor the two giants of the industry unless IBM or something backs Motorola.
  • 1 Hide
    rantoc , November 11, 2010 1:58 PM
    The patent system need to be redesigned to the modern age, its a dinosaur in a digital world. There should be no generic patents like todays but rather of a more specific nature. At this rate you can soon patent wiping your a$$ with paper and soon you would be able to wipe your own with dollar bills and thats just wrong!
  • 5 Hide
    tayb , November 11, 2010 2:30 PM
    I am sorry but we need to stop giving out software patents. It's getting ridiculous. You can't write a piece of code anymore without infringing on some ridiculous thing that has been patented before. For crying out loud multi-touch was patented. Seriously? The purpose of patents is completely lost if we continue to allow vague software patents to be accepted. Nonsense like this will never end.

    I hope the judge throws both of these suits out the Window and orders the lawyers from both companies to be permanently slapped across the face.
  • 1 Hide
    SAL-e , November 11, 2010 3:32 PM
    BolbiNo; the purpose of patents is to protect and foster innovation by making sure inventors who do the heavy lifting for new technological advancements can actually reap the benefits of their hard work. Patent law helps protect them from the theft of their intellectual property.

    First, there is no such a thing like "intellectual property". It is made up propaganda therm by lawyers for the lawyers. There are three different sets of laws: Copyright, Patents and Trade Marks. Only common thing between them is that they are monopolies legalized by the government. So if you like to come with common therm for them it is "Intellectual Monopolies".

    Second, Saying that MONOPOLIES promote innovation is like saying that "Credit promotes wealth." Credit only allows you to spend money now, that might be earned later and you pay dear price in the form of interest for that "convenience". So my questions are:
    What is 'the interest' we pay for using the patent system and is it worthed at all?
  • 0 Hide
    Anonymous , November 11, 2010 3:56 PM
    @SAL-e

    guess intel better just hand over all their non existent research and IP over to AMD then....

    personally i think lawyers are low life too but denying the protection of IP is kind of silly
  • -2 Hide
    SAL-e , November 11, 2010 4:14 PM
    aBitOverBoard@SAL-e ...but denying the protection of IP is kind of silly

    The "Credit" could be very useful tool, but we all know what happens when the tool is used incorrectly. You are going to be bankrupt.
    Monopoly, in form of the patent, is a tool also, the problem is that currently we are using this tool incorrectly because we are ASSUMING it helps, but nobody actually have proved that. Also today, you have choice to use credit or not, but we don't have choice in using patent system or not.
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