Motorola Countersues Microsoft Over 16 Patents 62
FlorianMueller writes "As if there weren't already enough patent suits related to smartphone technologies, Motorola just announced its widely anticipated countersuit against Microsoft. Its subsidiary Motorola Mobility filed complaints with two US District Courts (Southern District of Florida and Western District of Wisconsin). Motorola already litigates with Apple in those and other courts. According to Motorola, the patents relate to technologies in the fields of operating systems, video codecs, email, instant messaging, object-oriented software architectures, WiFi, and graphical passwords. Motorola claims Windows, the Live messenger, Windows Phone, Outlook and other Microsoft products infringe. Motorola's action is no surprise given that all of the companies sued over patent infringement by Android — with the exception of Google — have already countersued."
This is going to be an interesting one (Score:5, Interesting)
While not covered well in the press, like IXI, Motorola is also demanding that Microsoft stop shipping "infringing" products, though in this case they speak of virtually the entire Microsoft product line. This can become very interesting. I think Microsoft picked on the wrong company to try and bully and run it's protection racket on this time. They seem to have inherited SCO's footgun...
Enough Already (Score:3, Interesting)
Re:This is going to be an interesting one (Score:5, Interesting)
While not covered well in the press, like IXI, Motorola is also demanding that Microsoft stop shipping "infringing" products, though in this case they speak of virtually the entire Microsoft product line. This can become very interesting. I think Microsoft picked on the wrong company to try and bully and run it's protection racket on this time. They seem to have inherited SCO's footgun...
It will be an interesting fight. Don't forget that RIM sued Motorola, Motorola sued back, and they settled the suits out of court confidentially but with a couple pieces of information released to the public:
The financial terms of the Agreement include an up-front payment and ongoing royalties to Motorola. Further terms and conditions of the Agreement are confidential. [motorola.com]
So yes, it is possible that Microsoft picked the wrong company to bully. RIM certainly did. Motorola has been doing high-tech stuff for a very long time...
Patent War I (Score:3, Interesting)
More than hope. I really do think this is the beginning of the end for software patents.
You have these multibillion dollar companies with gigantic patent portfolios. The implied threat is there. "Don't sue us, or you'll get it in return." And the big players don't sue each other over trivial things that infringe because of the threat of mutually assured destruction. That's always been the rule, until recently.
Gigantic forces in reserve, a tangled web of alliances, then a single shot fired [wikipedia.org] is what started WWI.
Something this inherently unstable as our current state of affairs doesn't take much of a push - we've seen it before.
The only problem is that these multibillion dollar companies place a monetary value on their patent portfolios. When those dry up all these companies will have to revalue themselves in the marketplace. Stocks will tank for a while. It'll be bad.
Re:This is going to be an interesting one (Score:3, Interesting)
While not covered well in the press, like IXI, Motorola is also demanding that Microsoft stop shipping "infringing" products, though in this case they speak of virtually the entire Microsoft product line. This can become very interesting.
That's a standard request, and is unlikely to be granted. Because monetary damages are adequate for patent infringement, and because Microsoft isn't a tiny company with no liquid assets, a preliminary injunction is almost certain to be denied.
Re:Patent War I (Score:3, Interesting)
And yet, WWI didn't end guns and bombs; it merely killed a lot of people. So you draw an analogy to this conflict, where the "weapons" are patents, and think the battle will put an end to the weapon?
This isn't the first, or the last, time that a group of large companies get into a mess where each alleges the other is infringing patents, and it's not the first, or the last, where all probably have some valid claims. If the MAD analogies that keep flying around were valid, and with the first shot fired, you might think the companies would all sink - and maybe you think Congress or the Court will see the effect of the current law as too damaging and step in. But none of those things will happen, because lawsuits have an option that nuclear war doesn't: settlement.
These companies have done nothing but move their standoff from a theoretical issue hidden in their file drawers to a practical matter in court filings. I predit they will reach an agreement where all are licensed to use all of the technology involved, maybe with payments from one to another if there seems to be an imbalance in overall contribution to the IP pool, and that will be that.
Just remember, it's your taxpayer money burning (Score:2, Interesting)
It's about damn time... (Score:3, Interesting)
Finally, they've decided to use these patents for their intended purpose, to stifle innovation!
If only the PTOs publicly advertised patents as munitions against competition instead of insurance for inventors, it would simplify the whole process...
Judge: Everyone, roll for initiative. Ok, Motorola, your OOP patent does 2D8 x 10 million dollars of damage, and has a litigation speed of 8. Microsoft, what's your armor class?