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The Microsoft/Motorola sue-fest intensifies

by Scott Bicheno on 11 November 2010, 17:14

Tags: Microsoft (NASDAQ:MSFT), Motorola (NYSE:MSI)

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I’ll see your suit and raise it a complaint

Let this be a lesson to any former Windows Mobile partners who decide to defect. Following Microsoft's decision to single-out Motorola, among all Android handset-makers, for legal action over alleged Microsoft patents infringed by Android, the software giant has decided to moan about how much it's paying Moto for some patents used in the Xbox, according to Reuters.

In what is no doubt one of those crazy coincidences that seem to happen all the time, it turns out that Motorola is the only former Windows Mobile partner, now using Android, that hasn't also jumped on the WP7 bandwagon. HTC, in contrast, has skilfully avoided infringing on any Android patents, despite its whole-hearted embrace of the Google mobile OS.

Meanwhile, despite the Xbox having been around for years, Microsoft has only just realised it's paying over the odds for these Moto patents it previously had no issue with.

Imagine Moto's surprise, after having another look at some Microsoft products, when it turned out the software giant was infringing on no less than sixteen of its own patents. The patents relate to: Windows OS, digital video coding, email technology including Exchange, Messenger and Outlook, Windows Live instant messaging, Windows Marketplace, Bing maps and object oriented software architecture, WiFi technology, and graphical passwords.

We're not sure what the difference is between filing a complaint and filing a suit is, but Motorola seems to want things both ways. "It is unfortunate that Microsoft has chosen the litigation path rather than entering into comprehensive licensing negotiations," said Kirk Dailey, VP of intellectual property at Motorola Mobility.

This really does all seem rather frivolous. Microsoft is pissed-off at Motorola for ditching its mobile OS and now Moto is counter-suing. Is it really credible that no other Android partners use the same contentious patents as Moto, or maybe a license to use those patents is part of the WP7 deal? Motorola doesn't want to join your gang Microsoft - get over it.



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