Microsoft moves to block sale of Motorola Android phones

Legal

Microsoft opened its case in front of the United States International Trade Commission on Monday in an attempt to block Motorola Mobility from selling its Droid 2, Droid X, Cliq XT, Devour and Backflip smartphones in the U.S. Microsoft believes that Motorola Mobility is infringing on seven of its patents related to how a user interacts with calendars, contacts, email and more. “We have a responsibility to our employees, customers, partners and shareholders to safeguard our intellectual property,” Microsoft’s corporate vice president and deputy general counsel for litigation David Howard told Bloomberg. “Motorola is infringing on our patents and we are confident that the ITC will rule in our favor.” Google recently announced its intentions to purchase Motorola Mobility for $12.5 billion in an effort to bolster its patent portfolio and help its Android partners fight in lawsuits against Apple and Microsoft. A Motorola Mobility spokeswoman told Bloomberg that the company is “vigorously defending … against Microsoft’s patent attack business strategy,” and that the company has also “brought legal actions of our own in the U.S. and in Europe to address Microsoft’s large scale of infringement of Motorola Mobility’s patents.” The U.S. ITC expects to conclude its investigation of the matter by March 5th.

Read

117 Comments
  • Anonymous

    MS has already signed patient agreements with just about every other android phone maker, why do you think they make more off android than they do there own OS? Motorola was the only company to refuse. They pretty much deserve to get sued.

  • Anonymous

    patent system is so broken

  • Steel

    Wow, I guess Microsoft really did want to become more like Apple.

  • http://www.facebook.com/profile.php?id=100000722296108 Herman Guerra

    Pathetic.  Clearly they are just trying to clear the competition shelves so when Microsoft’s darling Nokia debuts WP7 phones there are less competition….at least for small window of time.

  • Drybones5

    Motorola doesn’t even sell those phones anymore

  • Anonymous

    All these big companies will all make back room agreements, some cash will change hands, and we won’t notice a difference. 

    HTC has been paying MS for a while for their devices, yet their products cost the same or less than before. 

    No innovation is being slowed/stopped, companies are just being forced to acknowledge they are using patents from other companies. This has always happened in the tech world and will continue to do so. (Apple/MS didn’t invent the patent lawsuit or did they…dun dun dun)

    True innovation would be Apple, MS, Moto, HTC, Samsung, etc creating new ideas that aren’t already patented in some form. The basics were made a long time ago and it is up to these companies to come up with something fresh. 

    In reality, they are all guilty of borrowing/stealing ideas from each other, but usually there is some sort of deal in place to prevent any need for lawsuits. For some reason the Android team missed the memo. 

    Just an FYI to all the haters (of your company of choice), these lawsuits probably cost millions and it would be silly to think that they are being brought about without a lot of data/facts that we know less about than they do.

    You can stomp your feet and huff and puff, but the law is the law (crappy as it is) and companies have to play by the rules.

    • Demofya

      Good points. But the reason for Android (aka Google) missing the memo has to do with it being a SOFTWARE licenser. In short, just as Microsoft, they don’t create actual phones (the closes they came to creating one was the Nexus line and we saw that fail as its a direct replica of the HTC catalog).

      Microsoft is a lost caused without Bill Gates. The man new that inclusion of newer innovations fueled technology boom. Rehashing and reusing the same ideas only stiffles the growth. As being witnessed now by Apple. (most of the patents they are seeking have already been done by Motorola, Samsung, Hiwaai, Qualcomm, and of course Lugent Techonologies.) But for some reason they are giving a pass at each encounter….. makes me wonder when the bottom will fall out of the boat.  

    • Anonymous

      Top marks to Ruh2 for being a voice of reason here.  You didn’t even refer to anyones sexual orientation!

  • http://www.facebook.com/profile.php?id=100002479832716 Sanctus Martinus Turonensis

    The circus is in town, the show has begun…

  • Anonymous

    Damn u M$ you’re just like APPLE another greedy company afraid of sales. But you’re Windows 7 phones aren’t doing so good. Their just mad that GOOGLE purchase them and they won’t be able to make any Windows phone for them.

  • http://MobileGenius.wordpress.com JM

    However screwed up it is, MS may be in the best position of all in regard to some of these patent fights, as looking back at their mobile OS most companies making touchscreen smartphones have stolen quite a great deal from what they did/bought.

  • Anonymous

    Sad that there seems to be more news about litigations in the tech space than actual…tech

  • Anonymous

    Motorola has been making cellular phones for years, long before Microsoft even got into mobile devices, and suddenly Microsoft brings out a lawsuit against them just as they’ve been bought by Google?

    What a joke. This is a clear case to use scare tactics and frivolous legal claims to somehow stall Android growth just in time for Microsoft to release their more “polished” Windows Phone 7.5 devices this fall.

    Doesn’t really matter though. Between the ongoing success of iOS and Android, Microsoft is going to need everything they got to push Windows Phone 7.5 to the masses. It’s been out for a year as it is (Windows Phone 7.0) and consumers haven’t really cared much for it. 

    Outside of a wireless carrier store, I’ve never seen one Windows Phone device in anyone’s hands.

    • Cooperma

      This lawsuit is one of 4 if i remember correctly. 3 by MSFT, 1 counter by MMI.  They have been going on for quite some time, long before Google announced buying MMI.

  • Demofya

    Good luck with that Microsoft… Clearly this is a frivilous lawsuit aimed to only impact the Google/Motorola merger deal. But here is the issue…. it won’t work as Motorola has the patents YOU need. You should have concetrated more on innovation instead of stiffling Google…. because just like Apple, you to will soon be extinct if you don’t keep up with the times.

  • http://twitter.com/Translatethis27 Translatethis27

    I hate patenttrolls

  • http://twitter.com/Translatethis27 Translatethis27

    You are a patenttroll Microsoft, Who have had the monopoly for too long

  • Anonymous

    “Motorola Mobility is infringing on seven of its patents related to how a user interacts with calendars, contacts, email and more”

    Interacts with calendars? how can you patent anything like that?

    Software patents are stupid and companies like Microsoft are destroying innovation and competition.

    MS is getting really desperate. Trying to slow down Android until they themselves can actually ship WP that will sell (current WP sales are in the tatters).

  • http://www.sk1wbw.wordpress.com Wayne Williams

    You can patent the way a user interacts with a calendar?  What if someone were to patent the way a user interacts with a paper desktop calendar?  They could stop production of the entire economic system because nobody could look or write on a calendar, make notes or anything.  This patent shit has to stop.  You shouldn’t be able to patent “methods” that you can’t or won’t bring to market.

  • Anonymous

    M$ just as mad as APPLE would do anything to stop Android. What ever happened to competition?

    • Anonymous

      Here is what happened to competition: Some people believe that it is wrong to take the work of others and then give it away when those same other people derive income from licensing their work. Part of the problem between Google and Microsoft isn’t the stupid notion that MS is simply trying to derail Android, but that MS feels it can prove that Google knowingly used protected Microsoft code and technique in creating Android and then *gave away for free what MS would otherwise license for income*, with Google eating the cost because it planned to make it up through search ads for the Android end user.

      THAT is the very definition of “anti-competitive”, and if you can’t understand the very basic principle at the core of this dispute, then you are simply captive to pro-Android/anti-Microsoft mindset. I have been an Android user for the past three years but in reading *objective* writings on this case, it is clear that MS may well have a strong case against Moto based upon facts. You can learn the facts, or you can continue to make irrelevant comments like the above.

  • Anonymous

    And Motorola been making phones way before M$ started.

  • xoma

    “ITC expects to conclude its investigation of the matter by March 5th.”

    Mobiles devs: In your gov’t agencies, clogging it with procedures.

  • http://rmbo47.myopenid.com/ rmbo47

    They’re  stifling competition, failing to innovate, hurting consumers………. Damn that Appl……er…….I mean Microsoft!

  • http://twitter.com/EmmanueIa E!

    I’ve said it for days. They should simply call it Microsoft Android, end of story. The way you can do patents here is completely ridiculous. You can even patent a mouse click or an image popping up. Nowadays, you can’t do anything without paying anyone royalties.

  • kdevil

    funny that MS is suing Motorola on Cellphone patents. I thought Motorola invented (or at least was one of the first to productize)  cellphones…

    • Anonymous

      This is about Smartphones not dumb phones.  Around 1999-2001, Palm, Nokia, Ericsson, Microsoft, HP and IBM all innovated in the integration of PDAs and cell phones.  Motorola did not. 

      Motorola has been a great radio innovator but that isn’t relevent here.  You may also want to consider that Microsoft spends more on R&D than any other company that I can think of.  A huge amount of this does get patented and licensed out to other companies to use as well as used internally. 

  • Anonymous

    Microsoft was slowly working their way back into my list of companies I liked, but I should have known better that to make brash assumptions about a company’s ethics. Better to be just another in crowd and add the the chaos of the patent wars Apple started. It’s sad that such a growing industry is hindering itself instead of innovating itself. Microsoft will have their hands full with Motorola, considering the giant vault of patents Motorola has been sitting on for years. Good luck Microsoft and have fun in the “I’m not buying” category with your best friend Apple.

  • Anonymous

    So many people post when they don’t understand the issues, history or reality of the situation. :(

    This litigation is based on discussions that are well over a year old.  It is not new and has nothing to do with Google/Moto potential acquisition.

    Yes the US patent system sucks and needs to be revised for S/W BUT companies must use the current laws not obey ones that geeks think should be real.

    MS never sued Moto in the past because they were a Windows Mobile and then Windows Phone partner so they got a “free ride”.  Once they dropped MS and focused on a competitive product, why wouldn’t MS go after them?

    Moto never sued MS for the same reasons, now they are.  Doesn’t this make sense?

    Microsoft indemnifies every Windows Phone OEM so if they get sued, MS will defend them at no cost.
    Google will not do this for Android.  That should give you a hint about the strength of the Android patent safety net.

    Motorola and MS may very well end up with cross licensing but it is up to the courts to decide who is in the right here not blindly brand loyal commenters.

    The product that really needs to be developed and patented is a “blog comment filter”.  This should delete all non-rational, derogatory and non-intellectually contributing comments from sites like this.  I would support a S/W patent on that and only use sites that paid them the royalty they richly deserve.

1 2
blog comments powered by Disqus