Microsoft says Android infringes on its patents, licenses HTC (update: talking to other Android manufacturers as well)
By Vlad Savov 
posted April 28th 2010 12:40PM
posted April 28th 2010 12:40PM
Update: Microsoft deputy general counsel of intellectual property Horacio Gutierrez just sent us a statement saying that the company's been "talking to several device manufacturers to address our concerns relative to the Android mobile platform." We're taking that to mean the same as above: Microsoft isn't too interested in suing any of its Windows Mobile / Windows Phone partners, so it's trying to work out patent license deals with those companies in advance of any nastiness. It's an interesting strategy: patents forbid anyone from making, using, or selling your invention, so Redmond can protect its partners while still leaving open the possibility of a lawsuit with Google itself down the line. In fact, we'd almost say it seems like Microsoft's agreement with HTC is as much of a threat to Google as Apple's lawsuit -- Redmond's basically saying you can't sell an Android device without paying a license fee, and we'd bet those fees are real close to the Windows Phone 7 license fee. Clever, clever -- we'll see how this one plays out. Here's Horacio's full statement:
[Thanks, Jack]Microsoft has a decades-long record of investment in software platforms. As a result, we have built a significant patent portfolio in this field, and we have a responsibility to our customers, partners, and shareholders to ensure that competitors do not free ride on our innovations. We have also consistently taken a proactive approach to licensing to resolve IP infringement by other companies, and have been talking with several device manufacturers to address our concerns relative to the Android mobile platform.
Google has over taken Apple Iphone!!!!!!! Where is the story for this?
@fort
Apparently you never saw the marketshare graph at the OS4 event... hehehehehehhehehehe
@fort Dude... in web activity? This isn't about unit sales. This means Android is being used on the web more often which isn't really that much of a suprise. Go away.
Whoah. Microsoft pulled an 'Apple'
and this is why Google or HTC should have purchased Palm... too late now!
Does this mean that Apple pays MS some royalty for iPhone OS, perse?
@hero785 Frankly: we don't know .We do know Apple will not dare sue a company like Motorola - or Palm or Nokia for that matter - and also seems less inclined to sue MS ( in the mobile devices market ,that is ) which is indicating these companies own a big patent portfolio that is so broad they could counter-sue immediately .
I'm therefore thinking Apple and MS made some kind of deal a while back ( "I won't sue you if you will leave me alone " ) concering patented stuff for Mobile OS's . Interestingly enough Google is not reacting at all concerning the MS-HTC deal. HTC needs some kind of support in its fight against Apple and analysts assume this is it .If MS does indeed own patents for which it made a deal with Apple that makes matters decidedly interesting . The can pretty much ask Apple ( not demand though,ASK ) to back off from HTC. Apple will most likely own patents for technology used by MS as well.
For years it was common policy to make deals- like MS did with HTC now- and to not sue over patents and most importantly : to keep it quiet and discrete . All deals are off it seems , ever since Apple sued HTC .We can expect more fireworks now. I'm not impressed with Google's silence . What will Android smartphone producers think of that? Like an analyst says at Cnet "the free OS has just become expensive " .
@hero785
Wow..... PASS THE PIPE
Really sucks when companies sit on patented vague ideas waiting to pounce on someone who implements them.
@TimeForTheFairTax
I said when I first read about the Apple lawsuit- and again when MS did a similar thing when it patented the "panoramic view " on a screen - lawmakers in Washington,DC need to do away with the whole concept of defensive patenting.Application for patents should be made far more specific and not be frivolous. The only true patents are about stuff you invented ( or should be ) not about implementation of that invention.
I'd be really thrilled if ELOtouch systems would produce the patent for touchscreen technology ( they are the inventors of that ) and sue the ass off Apple,Google,MS etc. there would be no multitouch, panoramic view,pinch -zoom and all that other stuff without the very invention of the touchscreen . That would show them . I still think that 70's patent is a ticking time-bomb and someone WILL eventually produce it .
Now THIS is a good motive to get a Nexus One instead of any other Android phone, and I want to see Microsoft dealing with Google instead if this FUD just like they did with Linux.
Google is the only hope to get rid of the M$ TAX, let's hope we can buy a Chrome OS netbook without paying the M$ TAX.
HTC "Who's your Daddy?"
M$ to 'partners': "HTC you can pay a $12 licence fee for each Android phone you sell but we would also like like to offer you a special introductory price on WinPhone7 of $5"
The M$ boys must be this loving this, it would remind them of the late 90's when they would tax manufactures on CPUs sold regardless of whether they had Windows installed.
that is HUGE problem of Linux, from day one its a copy & paste job. this kind of violation will keep coming.
If Apple and MS had thier way, wouldn't we have such nice open software and platforms for our phones.
Microsoft making money from Android... that just sounds so stupid.
I hope the department of justice can somehow intervene it just seems wrong
Well, if you can't beat 'um, Sue 'em
HAHAHA
Et tu, Microsoft?
But seriously, HTC isn't the only company that manufactures Android devices, what about Samsung? Motorola? Why don't they get sued?
@techtroll Samsung hasn't commented so they have probably been approached too .Motorola is a "no-go -area " because they have a huge patent portfolio themselves . There's three companies they will leave alone at all cost: Motorola, Nokia and Palm.Because those 3 have those huge portfolios and would immediately counter any attempt to pressure them.
that must suck king size, being sued for something Google actually developed and not themselves...how long will it take till HTC presents their own OS since it is the final step to become world class manufacturer
As was stated by the writer (good detective work) this is a strategy that:
a.) provides protection to Microsoft's OEM manufacture (in this case HTC... more will follow)
b.) it corners Google quite well as (again as the writer put it) Android phones will continue to sell and the OEM'ers will be protected and will also pay for Android installs (which were inherently free before)
c.) it shields HTC from Apple...
d.) it opens up Google to a.) reduction in platform appeal (it's not free any more) b.) it opens up Google for a fat lawsuit at a time Microsoft feels is a relevant time to sue
To be honest it's quite brilliant for Microsoft - these guys quite literally know their law - they are very calculating and are extremely battle tested hence why they always make a very bad foe. I know that some will argue this is a punk bitch move... some will say its strong arming by Microsoft (big bully Microsoft) but oen thing you cannot deny - Microsoft is smart - calculating and extremely cunning.
@the3rdpower
Agreed. Anyone with common sense should see that Microsoft does not want to screw HTC, so any claim that is totally preposterous and contradictory to their own argument. What they do want is to make it as difficult as possible for Apple and Google. Those are the only real players here and now. Microsoft just made a pretty slick move. It is totally brilliant.
@the3rdpower I agree but we have to realize MS doesn't plan on filing a lawsuit against Google just yet ( at least I don't think so ) or any time soon . It simply provides them with extra munition in the event of any future conflict with Google. Given the fact Google is completely silent during this turn of events I'm inclined to think there's some merit to the claims of MS. If it was completely unfounded Google would have responded and not to kindly too. Main target of this move is Apple though .They just put tremendous pressure on that company's lawyers to drop lawsuit against HTC or at least settle it out of court ( it's a "settle or else " move ) .
@the3rdpower There's no way that the deal with Microsoft shields HTC from Apple. When you license patents from a company, you are privileged to infringe on those patents. But if someone else has a valid patent and you infringe on those patents, you can't point to the patents you've licensed and say "see, this gives me the right!" If the patent owner's patent is valid, and you infringe, then you infringe. It doesn't matter if you have a deal to license other patents.
If you as a defendant are sued for patent infringement, you can try to reduce the scope of the sued-upon patents to eliminate the infringement. In so doing, you can point to your own patents or patents owned by others as either prior art or in some other fashion to show that your are not infringing the sued-upon patents. But when you do so, it doesn't matter whether you have a right to use those other patents.
The point of licensing patents from a third party is so that the third party won't sue you for infringing those patents. It doesn't otherwise help you. Owning a portfolio of patents helps because you can threaten to countersue. But licensing a patent is not the same as owning a patent, and HTC can't use the patents it's licensing from Microsoft to threaten Apple in any special way just because it's licensing them.
microsoft and htc have been together since windows mobile.
If Microsoft thinks Linux is so inferior to its operating systems, why bother. They must realize that Linus is actually a better OS.
Oh well, so much for your free and open source platform!
I have no idea why Microsoft would threaten HTC when they're the largest Windows Mobile phone partner. If I were HTC I'd drop Microsoft like a hot potato just to spite them and go all in with Android. But then again that's why I don't own billion something dollar business.
What really amazes me is how much money Microsoft has yet they still insist on extorting money out of people.
That's all how rich people STAY rich
No... let me re-write that!
That's how big companies STAY big.
Google is gonna have to carve its own hardware if they want to keep clear from Microsoft's evil deathtraps and Apples rotten Apples