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Microsoft Sues Motorola Over Android Smartphones
EnterpriseMobileToday ^ | 1 October 2010 | Stuart J. Johnston

Posted on 10/04/2010 7:59:37 AM PDT by ShadowAce

Microsoft has been talking smack to Google (NASDAQ: GOOG) of late, charging the search giant's Android operating system isn't as "free" as the company says it is and hinting that Android could end up entangled in a patent infringement lawsuit.

But talk is cheap. On Friday, Microsoft (NASDAQ: MSFT) took a much bolder step, suing Motorola (NYSE: MOT) for allegedly infringing nine of the software titan's patents in its Droid mobile handsets, which are powered by Android.

"Microsoft filed an action today in the International Trade Commission and in the U.S. District Court for the Western District of Washington against Motorola for infringement of nine Microsoft patents by Motorola’s Android-based smartphones," Horacio Gutierrez, Microsoft deputy general counsel, said in a blog post.

"The patents at issue relate to a range of functionality embodied in Motorola’s Android smartphone devices that are essential to the smartphone user experience, including synchronizing email, calendars and contacts, scheduling meetings, and notifying applications of changes in signal strength and battery power," he added.

A Motorola spokesperson had no immediate comment.

"Motorola has not received a copy of the complaint, therefore we cannot comment at this point," the spokesperson said. "Motorola has a leading intellectual property portfolio, one of the strongest in the industry. The company will vigorously defend itself in this matter."

Besides suing Motorola in U.S. District Court, Microsoft also launched a complaint with the U.S. International Trade Commission. The commission has the power to ban imports of products if they're found to be infringing.

Microsoft's suit requests treble damages, compensatory damages, and court costs, as well as a permanent injunction. That last item could completely undercut support for Android unless Motorola moves fast.

Motorola makes the popular Droid line of smartphones. In July, Motorola held 20 percent share of the U.S. market for smartphones, the third-largest, following LG (21 percent), and Samsung (23 percent), according to analytics firm comScore (NASDAQ: SCOR).

Android is based on the Linux kernel, so the message seems obvious.

Microsoft has been rattling its legal saber for more than three years about some 235 patents it claims that Linux vendors are infringing. However, the company has yet to sue any Linux vendors to date over the patent claims.

A Microsoft spokesperson confirmed that the suit against Motorola and the Android operating system is directly related to the earlier Linux discussion.

"Yes but let’s be clear. This action is directed at a commercial entity, not a community. Technology companies that utilize open source software in their commercial products are sophisticated, revenue-generating businesses and as such, have the ability to license patents to secure the necessary IP rights for their products," the spokesperson told InternetNews.com.

The lawsuit comes at a time when Microsoft is about to launch Windows Phone 7, its challenger to Android-based smartphones and the iPhone.

As recently as August, Microsoft executives had been banging on their shields, proclaiming that Android isn't free, and that one of the benefits to both developers and customers if they go with a Microsoft solution is that the software giant will indemnify anyone who gets sued for intellectual property violations related to the company's products.

"Our action today merely seeks to ensure respect for our intellectual property rights infringed by Android devices; and ... we are not alone in this respect," Gutierrez said in a post to the Microsoft on the Issues blog Friday.

Microsoft's move is the latest attack on Android. In August, Oracle (NASDAQ: ORCL) sued Google for infringing several of its Java patents in Android.

But Microsoft's actions worry Florian Mueller, an opponent of software patents.

"These patent suits brought forward by industry giants with massive patent portfolios unmatched by Google are dark clouds over Android. Google must now act constructively and try to work out amicable arrangements with those right holders," Florian Mueller, founder of the NoSoftwarePatents campaign in Europe, said on his blog following Microsoft's filing.

"Otherwise I'm afraid that third-party application developers investing their money, creativity and hard work in the Android platform will be harmed because of an irresponsible approach to intellectual property in a market in which patents have always played an essential role," Mueller added.


TOPICS: Business/Economy; Computers/Internet
KEYWORDS: android; lawsuits; linux; microsoft; mobiledevices; motorola; patentsuits; smartphones

1 posted on 10/04/2010 7:59:42 AM PDT by ShadowAce
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To: rdb3; Calvinist_Dark_Lord; GodGunsandGuts; CyberCowboy777; Salo; Bobsat; JosephW; ...

2 posted on 10/04/2010 8:00:17 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: ShadowAce

I wonder if Microsoft has patented the blue screen of death?


3 posted on 10/04/2010 8:03:10 AM PDT by The_Victor (If all I want is a warm feeling, I should just wet my pants.)
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To: The_Victor

why is that success always breeds endless lawsuits?


4 posted on 10/04/2010 8:06:23 AM PDT by utherdoul
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To: The_Victor
No need. Neither Linux, nor Macs crash as often or as hard as Windows does.

In fact, I cannot remember the last time one of my personal computers crashed.

5 posted on 10/04/2010 8:06:29 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: ShadowAce

Ah yes, Microsoft, going where companies go that can’t compete in the open market.

Now maybe if MS ever released a product that didn’t still need a year or two of beta testing....


6 posted on 10/04/2010 8:07:21 AM PDT by Seruzawa (If you agree with the French raise your hand - If you are French raise both hands.)
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To: ShadowAce
Aside from any actual relative merits, the Apple suit against HTC said "We've worked hard to produce a wildly successful device, so quit leeching off of us."

This Microsoft suit just says "We're WAY behind in the market, so we're going to sue you to slow you down so we can catch up."

Way back I said the Microsoft deal with HTC was so HTC could avoid a lawsuit. Looks like I was right. Moto didn't settle and pay Microsoft any protection licensing money, so got sued.

7 posted on 10/04/2010 8:09:56 AM PDT by antiRepublicrat
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To: ShadowAce

To be fair to Microsoft, the only BSoD I’ve ever seen were due to hardware failures; the fault of Intel and PNY, but not Microsoft.


8 posted on 10/04/2010 8:10:26 AM PDT by The_Victor (If all I want is a warm feeling, I should just wet my pants.)
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To: ShadowAce
In fact, I cannot remember the last time one of my personal computers crashed.

Me neither...4 running xp and 1 using vista running all day long.

9 posted on 10/04/2010 8:11:10 AM PDT by Post5203 (Let's make election 2010 EJECTION 2010. Time for a complete do-over.)
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To: ShadowAce

Most “blue screens of death” that I have seen on Windows XP machines were related to the low quality memory that was used or to the owner buying memory at Office Max. I build my computers and did not see any BSOD on my XP machines or my Windows 7 machines.


10 posted on 10/04/2010 8:11:57 AM PDT by Wooly
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To: The_Victor
"I wonder if Microsoft has patented the blue screen of death?"

I believe they have, as well as the your system has become unstable an needs to be restarted pop up window......

11 posted on 10/04/2010 8:12:05 AM PDT by sniper63 (I am the leader of the TEA Party, I, myself am the leader of me, myself for I am the TEA Party!)
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To: ShadowAce

Microsoft: Suing the companies SCO won’t sue!


12 posted on 10/04/2010 8:23:54 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: The_Victor
Microsoft Patents Ones, Zeroes
13 posted on 10/04/2010 8:27:02 AM PDT by dfwgator (Texas Rangers - AL West Champions)
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To: ShadowAce

Can’t beat ‘em, sue ‘em!!!

I truly believe MS sees the writing on the wall regarding smart phones - Android and Apple’s iOS blow the doors off of the Windows Mobile platform, making that antiquated mobile OS look like a kludge. MS cannot compete without directly copying those other two, so instead - send up a lawsuit and see what they can do...


14 posted on 10/04/2010 8:28:46 AM PDT by TheBattman (They exchanged the truth about God for a lie and worshiped and served the creature...)
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To: dfwgator
Microsoft Patents Ones, Zeroes

I woulda bet that Apple owned that patent.

15 posted on 10/04/2010 8:30:41 AM PDT by The_Victor (If all I want is a warm feeling, I should just wet my pants.)
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To: ShadowAce
The lawsuit is becoming a tool for these companies to SLOWDOWN their competitors and most of them are thrown out.
I was read and article a few weeks back that addressed the growth of Android and how the profit structure to the carriers was much greater than the iPhone or Windows based phones. As such the carriers were more likely to talk up and push Android based phones on customers looking to join the smartphone revolution.
Now when you think about the fact that without the carriers (ATT, Sprint, Verizon, T-Mobile) both Microsoft and Apple could lose big time. This is really true of Apple, which has seen it share price go up dramatically with the success of the iPhone. So where would the stock price be if the carriers decided that the iPhone would not be available or as a special order only? (I can see this coming due to Apple's pricing policies) Apple would be stuck trying to sell and unlocked phone like Google tried with the Next One, which we all know was a real success or they would be stuck doing deep discounts and having to accept lower profits.
16 posted on 10/04/2010 8:32:08 AM PDT by Wooly
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To: Wooly

The BSOD I used to see in NT/2K/XP were from driver or installer problems not the Windows kernel. You can’t
blame MS for third party priveleged code.


17 posted on 10/04/2010 8:33:20 AM PDT by rahbert
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To: dfwgator

I have no problem paying them 10% on the zeroes, but the ones...not so much.


18 posted on 10/04/2010 8:44:46 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Wooly
The lawsuit is becoming a tool for these companies to SLOWDOWN their competitors and most of them are thrown out.

US Constitution, Article I, Section 8, Clause 8, a.k.a., the Copyright Clause, "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

I'm starting to think that all patent and copyright lawsuits should first go through an arbitration board. Make it a $100 filing fee and a maximum filing of two pages, plus one page per claim. The first job of the board will be to see whether the lawsuit within the whole of the situation fits the aims of the above clause. If not, the suit is dismissed. Next, the board could make a summary judgment, if there is obvious merit and infringement, immediately award to the plaintiff, and vice versa. Otherwise, direct to trial. Staff the board with copyright experts and patent examiners. Make them all extensively read the writings of Jefferson and Madison (the two who most shaped the Copyright Clause) before taking their positions.

19 posted on 10/04/2010 8:47:52 AM PDT by antiRepublicrat
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To: rahbert
You can’t blame MS for third party priveleged code.

You can blame Microsoft for allowing third party code that privileged access as of NT 4, where previously it did not have such access. OS X does this too, but then all that privileged code goes through or is written by Apple for its known set of hardware.

Computers are fast enough now that I think it's time to finally go to the microkernel architecture. We have so much computing power we can afford to waste some of it to gain that robustness.

20 posted on 10/04/2010 8:51:48 AM PDT by antiRepublicrat
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To: antiRepublicrat

So you’re saying that MS is to blame because it delegates
driver development to the hw vendors? Well, they (the vendors) do WHCL (Windows Hardware Compatibility List) testing on their products to assure MS that they meet
a certain standard of usability. They can then put the
MS logo in the box. The rest can still program to the
DDK (a public interface) and MS takes no position on that code’s reliability. If I am developing a new HW product
I can dive in and try to make it work without having to
beg MS to give me an interface. What does kind of free kernel access does Apple provide? Do they provide a free DDK? Or do I need to sign a NDA, get layers of approvals and pay $$ for the information?


21 posted on 10/04/2010 9:13:27 AM PDT by rahbert
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To: rahbert
So you’re saying that MS is to blame because it delegates driver development to the hw vendors?

Microsoft didn't delegate in the first place. What MS did is allow those device developers high-level access to the kernel where before they were put in userland where they couldn't do much damage. Once Microsoft decided to do that, their business model is what killed them, although it is now less of a problem because all drivers must be signed (and supposedly tested). Apple also gives privileged access to drivers, but Apple controls the hardware and drivers, making it less of a problem.

What does kind of free kernel access does Apple provide?

In my perfect world, NOBODY would give any drivers kernel access. Take RIM's upcoming tablet that will run QNX, which is an extremely stable microkernel system. Device drivers (including video and network) run in userland, and can be killed and restarted if they become unstable or crash without affecting the rest of the system.

22 posted on 10/04/2010 9:55:57 AM PDT by antiRepublicrat
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To: antiRepublicrat

-In my perfect world, NOBODY would give any drivers kernel access.-

That would certainly increase reliability. But I wonder
if such a model would be appropriate for primary storage and video. Some sort of DMA access would still be needed
for these devices to function at acceptable speed.


23 posted on 10/04/2010 10:51:59 AM PDT by rahbert
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To: antiRepublicrat
Computers are fast enough now that I think it's time to finally go to the microkernel architecture.

Andrew, is that you? <grin>

24 posted on 10/04/2010 11:10:31 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: rahbert
That would certainly increase reliability. But I wonder if such a model would be appropriate for primary storage and video. Some sort of DMA access would still be needed for these devices to function at acceptable speed.

It's happening all the time, and monolithic/hybrid kernels have to timeslice that anyway. Integrity and QNX are examples in use today in the commercial market. They are also the only kind of operating systems that may be rated EAL7 one day. Windows will never get higher than its current EAL4, and neither will most operating systems, but Integrity is at EAL6+. The seL4 microkernel has even formally verified, and the only operating systems to be evaluated at EAL7 are microkernel-based (it's pretty much impossible for a monolithic kernel to get EAL7).

25 posted on 10/04/2010 11:20:45 AM PDT by antiRepublicrat
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To: sniper63
I believe they have, as well as the your system has become unstable an needs to be restarted pop up window......

I think that one was part of Apple's lawsuit. Expect that Apples window says You computer has become unstable and needs to see an expensive therapist...

26 posted on 10/04/2010 11:34:42 AM PDT by The_Victor (If all I want is a warm feeling, I should just wet my pants.)
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To: ShadowAce
Andrew, is that you?

Okay, I admit that much of my early OS design knowledge I learned from him. Literally, he wrote my OS design college textbook. He wrote my networking textbook too. But most of my views in this area come from me being an anal-retentive neat freak when it comes to computing. Torvalds didn't want to tackle the performance issues of microkernels, thus advancing computer science, so he just went monolithic with something anybody could have built. And like any good professor, Tanenbaum called him on it.

27 posted on 10/04/2010 11:47:42 AM PDT by antiRepublicrat
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To: ShadowAce

There was a massive flood of Microsoft employees that headed to Google. I wonder if any of that was a result.


28 posted on 10/04/2010 6:59:57 PM PDT by CodeToad (Islam needs to be banned in the US and treated as a criminal enterprise.)
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To: ShadowAce
In fact, I cannot remember the last time one of my personal computers crashed.

i can. Of course it had nothing to do with SuSE Linux. The fault was a defective stick of RAM.

29 posted on 10/05/2010 7:17:39 AM PDT by Calvinist_Dark_Lord ((I have come here to kick @$$ and chew bubblegum...and I'm all outta bubblegum! ~Roddy Piper))
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