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ITC bans Motorola mobile devices for infringing Microsoft patent (updated: MMI responds)

Michael Gorman — Fri, 18 May 2012 17:21:00 EST

At the end of last year, an Administrative Law Judge issued an initial ruling that Motorola's mobile devices infringe a bit of Microsoft's IP. Now, the Commission has affirmed that decision and issued an exclusion order to ban Moto's offending devices from importation into the US. In case you weren't aware, the four patent claims at issue generally cover technology for scheduling meetings over email using a mobile device. So, unless Motorola removes the feature, pays for a license or whips up a workaround Microsoft's patent in short order, its inbound RAZRs, Droid 4s, Bionics and other offending handsets will be stuck in customs alongside HTC's One X and EVO 4G LTE -- that is, unless Obama steps in to save the day during the prescribed presidential review period. Microsoft, naturally, is quite pleased with this development and has issued a statement:

Microsoft sued Motorola in the ITC only after Motorola chose to refuse Microsoft's efforts to renew a patent license for well over a year. We're pleased the full Commission agreed that Motorola has infringed Microsoft's intellectual property, and we hope that now Motorola will be willing to join the vast majority of Android device makers selling phones in the US by taking a license to our patents.

-- David Howard, corporate vice president and deputy general counsel Microsoft

We've reached out to Motorola for comment on the matter as well, so stay tuned to see what it has to say.

Update: Motorola has issued an understandably somber statement on the ruling:

Microsoft started its ITC investigation asserting 9 patents against Motorola Mobility. Although we are disappointed by the Commission's ruling that certain Motorola Mobility products violated one patent, we look forward to reading the full opinion to understand its reasoning. Motorola Mobility will not experience any impact in the near term, as the Commission's ruling is subject to a $0.33/per unit bond during the 60 day Presidential review period. We will explore all options including appeal.

ITC bans Motorola mobile devices for infringing Microsoft patent (updated: MMI responds) originally appeared on Engadget on Fri, 18 May 2012 17:21:00 EST. Please see our terms for use of feeds.

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Xamarin's XobotOS opens prospect of Android port to C#, can of worms

Steve Dent — Fri, 04 May 2012 16:16:00 EST

Would it be ironic if Android developers did an end-run around Microsoft patents by using Microsoft's own C#? Or if Google kiboshed its Oracle brouhaha with the aid of none other than Redmond? We're asking because Xamarin, the wacky open source implementer of .NET, has ported Android to Microsoft's C# with its XobotOS project. Although just an experiment and unlikely to solve Google's issues, the team showed that running the robot on C# instead of Java gave fewer coding limitations, better battery life and direct graphics access. Additionally, Xamarin reports "massive" speed gains on its HTC Flyer and Acer Iconia when running the side-project port -- no surprise given C#'s machine heritage. Sure, it's pure speculation that Mountain View and its developers would ever change their Java MO, but a little patent relief and faster Android devices in one kill shot? That's a sweet idea.

Xamarin's XobotOS opens prospect of Android port to C#, can of worms originally appeared on Engadget on Fri, 04 May 2012 16:16:00 EST. Please see our terms for use of feeds.

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ITC issues preliminary ruling, finds Microsoft's Xbox 360 infringes on Motorola patents

Zachary Lutz — Mon, 23 Apr 2012 18:58:00 EST

Potential bad news to start out the week for Microsofties: a judge from the US International Trade Commission has issued a preliminary ruling that finds Microsoft's Xbox 360 infringes on ~~five~~ four of Motorola's patents (and in Microsoft's favor on one). While the decision is by no means final -- which means that the Redmond outfit could ultimately prevail -- a final ruling would force Microsoft's hand to seek proper licenses for the technologies, most of which relate to H.264 video encoding, or have its gaming console banned from US shelves. For now, the lawyers will go back to the lab to refine their arguments and get ready to present them to a full panel of ITC judges later this year. Who wants to set odds on the outcome?

ITC issues preliminary ruling, finds Microsoft's Xbox 360 infringes on Motorola patents originally appeared on Engadget on Mon, 23 Apr 2012 18:58:00 EST. Please see our terms for use of feeds.

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Facebook paying Microsoft $550 million for 650 patents, Ballmer clicks 'like'

Daniel Cooper — Mon, 23 Apr 2012 12:25:00 EST

Microsoft has agreed to sell on around 650 patents to Facebook in a deal worth $550 million. The Haüs of Zuckerberg will stump up the cash in exchange for various social networking patents that were registered by AOL (disclaimer: Engadget's parent company) and sold to Redmond for $1 billion a fortnight ago. Microsoft will hold onto the remaining 275 in its portfolio and cross-license those that it's sold on, but not the 300 patents that AOL licensed but kept hold of. The social network will likely utilize the portfolio to better defend itself from litigation like the lawsuit brought by Yahoo back in March. If you're interested in reading the phrase "protect Facebook's interests over the long term," then head past the break for the official word from the men who invented poking.

Continue reading Facebook paying Microsoft $550 million for 650 patents, Ballmer clicks 'like'

Facebook paying Microsoft $550 million for 650 patents, Ballmer clicks 'like' originally appeared on Engadget on Mon, 23 Apr 2012 12:25:00 EST. Please see our terms for use of feeds.

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Microsoft wins injunction in Washington against Motorola, can keep selling stuff in Germany

Michael Gorman — Wed, 11 Apr 2012 20:49:00 EST

Microsoft's been waging legal war against Motorola on several fronts for some time now, and today, team Redmond scored a victory in a federal district court in Washington that'll have repercussions in Germany. The judge granted Microsoft's motion for a temporary restraining order and preliminary injunction that prevents Motorola from enforcing any injunction it may obtain in the parties' parallel action in Mannheim, Germany. As a quick refresher, this litigation's all about a bundle of Moto-owned standards-essential WiFi and H.264 patents. Naturally, Motorola claims that Microsoft's infringing its IP, and has sought to stop sales of infringing products in Deutschland. Meanwhile, Microsoft contends Moto's in breach of contract because those patents haven't been made available for it to license on fair, reasonable and non-discriminatory (FRAND) terms. This latest legal victory in the US merely means that Motorola won't enforce any injunction it obtains in Mannheim -- which leaves Microsoft free and clear to peddle its wares in Germany.

Microsoft wins injunction in Washington against Motorola, can keep selling stuff in Germany originally appeared on Engadget on Wed, 11 Apr 2012 20:49:00 EST. Please see our terms for use of feeds.

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Microsoft and TiVo agree to drop ongoing patent suits, we ask the world to follow

Darren Murph — Thu, 22 Mar 2012 07:38:00 EST

At last. A pair of companies decide that bickering (and spending) in the courtroom over patents just isn't worthwhile. In an era where it seems like every technology company under the sun is suing at least one other for nondescript "infringements," TiVo and Microsoft are laying aside their differences. Purportedly, both outfits have reached an agreement "under which both companies will dismiss pending litigation over patents." According to a regulatory filing, nary a patent right was granted to Microsoft by TiVo, but for whatever reason, the two have decided that both can continue operations without any more meddling. It all started early last year, when the folks in Redmond alleged that TiVo was infringing on four of its patents; predictably, TiVo slung one of its many patent-related suits in Microsoft's direction. Those looking to dive fully into the last chapter in this one can hit the links below; for the 99 percent, just scoot your eyes down to the next article and exhale in relief. So, Samsung, Apple -- you guys paying attention?

Microsoft and TiVo agree to drop ongoing patent suits, we ask the world to follow originally appeared on Engadget on Thu, 22 Mar 2012 07:38:00 EST. Please see our terms for use of feeds.

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Indian court drops censorship case against Microsoft, Google and Facebook still on the hook

Dana Wollman — Mon, 19 Mar 2012 10:39:00 EST

With so many patent trolls out and about, you'd be forgiven if the Indian government's censorship case against Google, Facebook, Microsoft and other web companies slipped under your radar. Indeed, not a whole lot has happened since then, but Microsoft, at least, is making an early exit from the proceedings. Delhi High Court has dropped the outfit from the list of companies accused of failing to rid their sites of offensive material -- specifically, perceived religious attacks, or anything else that might violate local laws against inciting communal tensions. (In particular, according to a three-months-old New York Times report, technology minister Kapil Sibal, pictured above, took note of comments criticizing Sonia Gandhi, widow of the assassinated former Prime Minister, Rajiv Gandhi). For now, this leaves Google and Facebook to defend themselves, though the two internet giants are moving to have their cases dismissed as well. The High Court will hear those petitions on May 3, with the trial set to resume on May 23.

Indian court drops censorship case against Microsoft, Google and Facebook still on the hook originally appeared on Engadget on Mon, 19 Mar 2012 10:39:00 EST. Please see our terms for use of feeds.

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ITC to review its decision on Microsoft, Motorola patent case

Richard Lawler — Fri, 02 Mar 2012 20:25:00 EST

Remember back in December when the International Trade Commission ruled on a Microsoft complaint from 2010 that Motorola's Android products infringed on seven of its patents, siding with Microsoft initially on one of them? Since that's so hard to forget, it probably comes as no surprise to hear that the ITC announced today it would review the decision in part, as Motorola noted in its press release at the time. Don't expect a final ruling for another month or so (we'd keep that NFL Draft window clear if we were you), but if you're looking for details, FOSSPatents has the notes on which segments are under review. Don't worry if you miss a step though, we'll be sure to let you know once it's all over (hint: it will never, ever be over.)

ITC to review its decision on Microsoft, Motorola patent case originally appeared on Engadget on Fri, 02 Mar 2012 20:25:00 EST. Please see our terms for use of feeds.

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Microsoft files EU antitrust complaint against Motorola Mobility, claims unfair licensing practices

Zach Honig — Wed, 22 Feb 2012 09:19:00 EST

Early last week, the European Commission gave Google its blessing regarding the purchase of Motorola Mobility. But the honeymoon has been anything but relaxing for the search giant and its latest power-play acquisition, after Apple filed an antitrust complaint, claiming a breach of the company's FRAND obligations. Now Microsoft is waiving the antitrust flag as well, claiming that the company is reportedly abusing its standard-essential patents, impeding fair access to patents that are fundamental to regular device function -- this time dealing with video streaming and wireless connectivity. Microsoft Deputy General Counsel Dave Heiner has posted an appeal to the company's TechNet blog, outlining the issue and explaining that "Motorola is attempting to block sales of Windows PCs, our Xbox game console and other products," further claiming that "Motorola is on a path to use standard essential patents to kill video on the Web, and Google as its new owner doesn't seem to be willing to change course." The key issue at hand is patent pricing -- Microsoft claims that Motorola is demanding an impossibly high royalty of $22.50 for a $1,000 laptop, and that only covers fees for H.264 licensing. It's no secret that Motorola's patent portfolio was a key component of Google's acquisition, and so far it doesn't appear that the company is making any suggestion that Motorola ease up on licensing fees. As always, we'll be keeping an eye on the process, but hit up the source link below for the full scoop from MS.

Microsoft files EU antitrust complaint against Motorola Mobility, claims unfair licensing practices originally appeared on Engadget on Wed, 22 Feb 2012 09:19:00 EST. Please see our terms for use of feeds.

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ITC judge throws out Barnes and Noble's patent defense against Microsoft

Amar Toor — Wed, 01 Feb 2012 10:53:00 EST

Microsoft's patent dispute with Barnes and Noble is likely far from over, but the spat saw some movement today, when a judge at the International Trade Commission rejected the bookseller's patent misuse claim. In his ruling, ITC Judge Theodore Essex threw out B&N's argument that Microsoft is misusing its patents against Android, effectively nullifying the company's major defense against Redmond. Microsoft, as you'll recall, is targeting the retailer and its Nook e-reader for allegedly infringing upon a (declining) number of its Android-related patents. Essex's decision is still subject to review from a six-member panel, but Microsoft is already heralding his decision as an early victory. "Today's action by the ITC makes clear that Barnes & Noble's patent misuse defense was meritless," Microsoft Deputy General Counsel David Howard said in a statement. "This case is only about one thing -- patent infringement by Barnes & Noble's Android-based devices." Barnes and Noble, meanwhile, said it has no comment. A full trial on the case is scheduled to begin on February 6th.

ITC judge throws out Barnes and Noble's patent defense against Microsoft originally appeared on Engadget on Wed, 01 Feb 2012 10:53:00 EST. Please see our terms for use of feeds.

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Microsoft, Alcatel-Lucent settle decade-old patent spat

Andrew Munchbach — Thu, 19 Jan 2012 13:59:00 EST

It's no secret that Alcatel-Lucent and Microsoft have a long and somewhat litigious relationship, but today the two companies are letting bygones be bygones. CNET is reporting that A-L and MS have reached a "confidential settlement" in a patent dispute dating all the way back to 2002. Originally targeting Dell and Gateway, then-Alcatel alleged that information entry techniques used by Microsoft Outlook, Microsoft Money and Windows Mobile violated a portion of its patent portfolio. Microsoft stepped in on the OEMs' behalf, and in a 2008 ruling, a court granted the newly formed Alcatel-Lucent over $350 million in damages -- subsequently reduced to $70 million in July of 2011 and further reduced to just over $23 million upon appeal. The final settlement is, as we said, unknown, but a Microsoft spokesperson was quoted as saying the deal is "to the satisfaction of both parties." No word on when the two will file their next multimillion dollar blockbuster lawsuit, but apparently both counsels will be sleeping easy tonight.

Microsoft, Alcatel-Lucent settle decade-old patent spat originally appeared on Engadget on Thu, 19 Jan 2012 13:59:00 EST. Please see our terms for use of feeds.

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Microsoft and Barnes & Noble agree to eliminate one patent and multiple claims from ITC infringement case

Michael Gorman — Wed, 11 Jan 2012 11:26:00 EST

Patent lawsuits start out the same way: company X hurls a slew of infringement allegations at company Y, the court demands that the fat be trimmed, and the case's scope is distilled so that only the strongest claims remain. Microsoft's ITC patent case against Barnes & Noble is currently in the midst of this streamlining process, and the parties have agreed to drop claims from four of the patents at issue and eliminated one patent from the proceedings altogether. A full accounting of all the bits of IP that have been eliminated can be found at the source link below.

Microsoft and Barnes & Noble agree to eliminate one patent and multiple claims from ITC infringement case originally appeared on Engadget on Wed, 11 Jan 2012 11:26:00 EST. Please see our terms for use of feeds.

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Microsoft: UK Retailer 'sold 94,000 counterfeit copies of Windows' (Update: Comet responds)

Daniel Cooper — Wed, 04 Jan 2012 06:17:00 EST

Microsoft has launched an attack on beleaguered electronics retailer Comet -- stating that the British chain pirated 94,000 copies of Vista and XP recovery discs. Comet, which was recently sold off for £2 ($3), allegedly produced the copies at a factory in Hampshire and bundled them with PCs sold at its stores. There's been no official response from Comet yet, but we can't imagine Microsoft would throw this sort of statement around lightly. If you're concerned you are running a counterfeit copy of Windows, check out the How To Tell site below and we'll keep our eyes on this one as the saga unfolds.

Update: Comet has issued the following response to Microsoft's statement which we've got for you in full, after the break.

Continue reading Microsoft: UK Retailer 'sold 94,000 counterfeit copies of Windows' (Update: Comet responds)

Microsoft: UK Retailer 'sold 94,000 counterfeit copies of Windows' (Update: Comet responds) originally appeared on Engadget on Wed, 04 Jan 2012 06:17:00 EST. Please see our terms for use of feeds.

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ITC judge issues initial ruling that Motorola infringes Microsoft patent

Zach Honig — Tue, 20 Dec 2011 17:56:00 EST

Well, it's a busy holiday week for the International Trade Commission. The agency just announced an initial ruling that Motorola infringed on four claims of Microsoft patent number 6,370,566, which deals with "generating meeting requests and group scheduling from a mobile device," but not the six other patents that were part of last year's ITC complaint. This is an initial ruling by an administrative judge at this point, unlike yesterday's judgement issued by the ITC, which theoretically banned the sale and import of some HTC phones beginning in April 2012. There's certainly more to come in this particular intellectual property saga, however, so stay tuned.

Update: The spin cycle is on full blast, as Motorola has just issued a downright bizarre press release celebrating the fact that it was cleared on six of the seven patents. Evidently, that's enough for a mega-corp to holler "victory!"

Continue reading ITC judge issues initial ruling that Motorola infringes Microsoft patent

ITC judge issues initial ruling that Motorola infringes Microsoft patent originally appeared on Engadget on Tue, 20 Dec 2011 17:56:00 EST. Please see our terms for use of feeds.

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Google drops cloud computing lawsuit against US Department of the Interior

Amar Toor — Wed, 28 Sep 2011 08:01:00 EST

Last year, Google filed a lawsuit against the US Department of the Interior, on allegations that the government unfairly awarded a $59 million cloud computing contract to Microsoft without conducting a sufficiently competitive auction. Big G won an injunction against the department in January, effectively putting the contract on hold, and it looked as if the company would prevail, with Judge Susan Braden recently declaring that there was a "justifiable basis" for dispute. Last week, however, Google decided to drop the suit altogether, after filing a motion in the US Court of Federal Claims. "Based on the defendant's agreement to update its market research and then conduct a procurement in a manner that will not preclude plaintiffs from fairly competing, plaintiffs respectfully move for dismissal of this action without prejudice," the company's attorney wrote in the motion, filed on Thursday. Federal lawyers, however, responded by claiming that the two sides have not reached an agreement, while confirming that it had no problem with Google's decision to cease litigation. It remains to be seen whether the two sides have truly reached an agreement, or whether the litigation may wear on, but we'll keep you abreast of any future developments.

Google drops cloud computing lawsuit against US Department of the Interior originally appeared on Engadget on Wed, 28 Sep 2011 08:01:00 EST. Please see our terms for use of feeds.

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Google, MapQuest, Microsoft and Aol sued for allegedly infringing 3D mapping patent

Billy Steele — Wed, 06 Jul 2011 05:51:00 EST

The saga continues for Google's voyeuristic mapping service, but this time Microsoft Streetside and Aol's MapQuest 360 View may be the Bonnie to Street View's Clyde. Transcenic, Inc. is suing the tech giants for acquiring the tools necessary to offer 3D mapping by less-than-legitimate means. The Louisiana-based company alleges that all named parties borrowed, without permission, a bit from a patent it owns on a 3D cartography technology that captures spatial reference images and uses a database to navigate them on command. Google has been in hot water for its maps before, but it no doubt hopes this legal tiff ends as well as its one for trespassing, where it only paid a pack of gum's worth of damages. If you're into reading all the current legalese, check out the source for the full complaint. Meanwhile, we'll find out if Cousin Vinny's on the case.

[Disclosure: Aol is the parent company of Engadget.]

Google, MapQuest, Microsoft and Aol sued for allegedly infringing 3D mapping patent originally appeared on Engadget on Wed, 06 Jul 2011 05:51:00 EST. Please see our terms for use of feeds.

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US DOJ greenlights Google's $900 million bid for Nortel patents; Apple, RIM also interested

Amar Toor — Wed, 15 Jun 2011 13:51:00 EST

It looks like Google will be able to bid on Nortel's patent portfolio after all, now that the Department of Justice has weighed in on the matter. According to the Wall Street Journal, El Goog's $900 million bid has passed a governmental antitrust review, just a few days ahead of next week's auction. Rivals like Microsoft, AT&T and Verizon had previously filed complaints with the DOJ, arguing that the sale of Nortel's 6,000 patents would give an unfair advantage to the auction's winner by providing it with a fresh arsenal for patent-infringement lawsuits. Google, however, claims it needs the portfolio to defend itself against legal challenges, since it has comparatively few patents to its name. The DOJ apparently sees nothing illegal with this argument, having determined that singular ownership of Nortel's intellectual property would pose no threat to market competition. This is obviously music to Google's ears, but the battle isn't over yet. Sources tell the Journal that both RIM and Apple are interested in filing their own bids for the patents, and have already begun discussing the matter with the Justice Department. None of the companies involved have commented on the story, but it'll all go down on June 20th, when the auction finally gets underway.

US DOJ greenlights Google's $900 million bid for Nortel patents; Apple, RIM also interested originally appeared on Engadget on Wed, 15 Jun 2011 13:51:00 EST. Please see our terms for use of feeds.

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Microsoft loses $290 million patent battle, begins searching couch cushions

Jesse Hicks — Thu, 09 Jun 2011 21:43:00 EST

We've diligently followed the Microsoft v. i4i Limited Partnership patent dispute as it wound its way through the courts, and now comes the day of reckoning: by a unanimous decision, the US Supreme Court has upheld the patent-infringement finding against Redmond. For those of you just catching up, MS had been taken to court by Toronto-based i4i over a portfolio of XML-related patents -- patents it had already offered to license to the software behemoth. In court, Microsoft claimed it had not infringed and that the patents were invalid; a 2009 Texas court disagreed and awarded $200 million in damages. A subsequent appeal failed. Oh, and the government sided with i4i. Today's Supreme Court verdict upholds the lower courts' decisions: Microsoft Word is an infringing product, and the company now owes $290 million. The finding likely won't affect consumers, as the offending versions of Word are now obsolete. Still, $290 million isn't chump change, even for the world's largest software company. There's probably a joke in here about i4i justice, but we'll be dadblasted if we can find it.

Microsoft loses $290 million patent battle, begins searching couch cushions originally appeared on Engadget on Thu, 09 Jun 2011 21:43:00 EST. Please see our terms for use of feeds.

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Microsoft turns to crowdsourcing service to swat away patent trolls

Amar Toor — Wed, 01 Jun 2011 05:54:00 EST

We've seen the havoc that patent trolls can wreak on tech companies and Microsoft clearly wants no part of it. That's why Ballmer & Co. have joined forces with Article One Partners -- a New York-based research firm that crowdsources scientific expertise to figure out whether or not patented ideas or inventions are as innovative as they claim, based on prior art. By subscribing to Article One's new Litigation Avoidance service, Redmond hopes "to reduce risk and reduce potential litigation cost" brought by nonpracticing entities (NPEs) -- companies that collect thousands of patents, in the hopes that one may lay a golden egg. No word on how much the service will actually cost, but we're guessing it'll be worth at least a few legal headaches. Full presser after the break.

[Image courtesy of Robert MacNeill]

Continue reading Microsoft turns to crowdsourcing service to swat away patent trolls

Microsoft turns to crowdsourcing service to swat away patent trolls originally appeared on Engadget on Wed, 01 Jun 2011 05:54:00 EST. Please see our terms for use of feeds.

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Barnes & Noble says Microsoft trying to make Android 'unusable and unattractive,' has a point

Thomas Ricker — Thu, 28 Apr 2011 07:07:00 EST

At last, Barnes and Noble is defending itself against the Microsoft lawsuit filed back in March claiming that B&N's Android-based "e-reader and tablet devices" are infringing upon Microsoft's IP. A portfolio strengthened significantly thanks to that little Nokia partnership. We're not going to pick apart B&N's response in detail. However, we'd like to focus on this little nugget of FUD asserted by Barnes and Noble's legal team:

On information and belief, Microsoft intends to take and has taken definite steps towards making competing operating systems such as the Android Operating System unusable and unattractive to both consumers and device manufacturers through exorbitant license fees and absurd licensing restrictions that bear no relation to the scope and subject matter of its own patents.

Grrrowel. But B&N does make a good point about Redmond's intentions. Microsoft has been repeating the mantra that Android is not free for awhile now. In fact, Steve Ballmer told CNN just last year that, "there's nothing free about android... there's an intellectual property royalty due on that whether [Google] happens to charge for that software or not." A tack Microsoft (and Apple) has been keen to pursue through litigation with Motorola and a licensing deal with HTC. And this is only the beginning. Android: free like a puppy. Relive Steve's immortal words in the video after the break.

Continue reading Barnes & Noble says Microsoft trying to make Android 'unusable and unattractive,' has a point

Barnes & Noble says Microsoft trying to make Android 'unusable and unattractive,' has a point originally appeared on Engadget on Thu, 28 Apr 2011 07:07:00 EST. Please see our terms for use of feeds.

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Government says it's got i4i's back in Word patent dispute

Christopher Trout — Tue, 22 Mar 2011 16:38:00 EST

As the US Supreme Court prepares to hear yet another appeal in the seemingly unending patent dispute between Microsoft and XML specialists i4i next month, some pretty influential folks are starting to take sides -- officially. Perhaps most notably, Acting Solicitor General Neal Kumar Katyal filed an amicus brief backing i4i and a previous US Court of Appeals decision to uphold the $290 million judgement against the software giant. Other big guns backing i4i with amicus briefs include DuPont, 3M, Johnson & Johnson, Procter & Gamble, and GE. Of course, Microsoft's getting a little help from its friends with official I-got-you-bro statements coming from Google, Apple, Toyota, and Walmart. The appeal is expected to hit the Supreme Court in April and has big implications for patent litigation -- specifically, it could give tech giants like Microsoft more guts to go after patents held by little guys like i4i.

Government says it's got i4i's back in Word patent dispute originally appeared on Engadget on Tue, 22 Mar 2011 16:38:00 EST. Please see our terms for use of feeds.

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Same song, second verse: Microsoft sues Barnes & Noble for Android's patent infringement

Michael Gorman — Mon, 21 Mar 2011 19:27:00 EST

We should've known this was coming when Microsoft went after Motorola for Moto's supposedly patent-infringing Android devices, and now Ballmer & Co. have their sights set on Barnes & Noble, Foxconn, and Inventec for making and selling the Nook Color. Once again, Microsoft has filed in both the ITC and the Western District of Washington Federal Court claiming that the Android OS infringes its patents, though the patents at issue have dwindled in number from nine to five this time around. Allegedly, the Nook Color is riddled with infringing bits from its tab-using web browser and web-document viewing capability to its text selection and book annotation features. Microsoft has resorted to litigation as a new means to get paid for its patents after year-long licensing negotiations with B&N bore little fruit (unlike those with HTC, who got with the licensing program). So count this as another clear message to manufacturers -- Android's open-source, but it ain't free.

Continue reading Same song, second verse: Microsoft sues Barnes & Noble for Android's patent infringement

Same song, second verse: Microsoft sues Barnes & Noble for Android's patent infringement originally appeared on Engadget on Mon, 21 Mar 2011 19:27:00 EST. Please see our terms for use of feeds.

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Microsoft takes its patent infringement beef with TiVo to the ITC

Richard Lawler — Mon, 24 Jan 2011 20:18:00 EST

The patent fight between Microsoft/AT&T and TiVo has entered a new venue today now that Microsoft filed suit with the International Trade Commission to stop importation of TiVo's DVRs. WinRumors pinged Microsoft about the latest development and predictably found it's still interested in pursuing resolution through some sort of IP licensing deal, so we wouldn't worry too much about any of those Premieres being yanked off of shelves or cable company trucks. We'll have to wait and see what happens next, and also what Verizon may plan to do to resolve its own infringement issues with TiVo, but those interested can check out the filing itself embedded after the break.

Continue reading Microsoft takes its patent infringement beef with TiVo to the ITC

Microsoft takes its patent infringement beef with TiVo to the ITC originally appeared on Engadget on Mon, 24 Jan 2011 20:18:00 EST. Please see our terms for use of feeds.

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Paul Allen files amended complaint, points out exactly where patent infringement is hiding

Nilay Patel — Wed, 29 Dec 2010 14:56:00 EST

Left with just two weeks to explain exactly how seven of the web's biggest properties (and three office supply chains) violated his company Interval's patents, Microsoft co-founder Paul Allen figured out a plan -- Intervals' lawyers are drawing big, colored boxes around large swaths of the allegedly infringing websites' real estate. In all seriousness, a lot of companies may owe Allen a lot of money if Interval truly has a case, because Interval claims to have patented no less than the ability for a website to take a user-selected piece of content and suggest other related pieces of content that might be of interest. Oh, and it's also apparently patented pop-ups and widgets, as most anything that displays information "in an unobtrusive manner that occupies the peripheral attention of the user" is getting the same treatment. Hilariously, it appears that the co-founder of Microsoft didn't provide his lawyers with basic scanning technology, because the PDF of the exhibits they uploaded to the court's web site is just epically bad -- check out everything they say infringes in the gallery below.

Disclaimer: We should note that AOL is among the companies being sued by Allen and Interval, and that Engadget is owned by AOL. So you know, just think about that a bunch, or something.

Gallery: Paul Allen vs. the world: the exhibits

Paul Allen files amended complaint, points out exactly where patent infringement is hiding originally appeared on Engadget on Wed, 29 Dec 2010 14:56:00 EST. Please see our terms for use of feeds.

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Motorola slaps Microsoft with a pair of patent infringement lawsuits, says it's such a shame

Sean Hollister — Wed, 10 Nov 2010 22:42:00 EST

Looks like Motorola's about to fight a legal battle on two fronts -- Apple on one hand, and Microsoft on the other. Microsoft fired the first shot last month with a nine-patent ITC complaint and a second salvo alleging that Motorola was charging unfair licensing fees for 802.11 WiFi and H.264 video last week, it's now Moto's turn to retaliate with a pair of legal complaints. The cellular company now claims that Redmond's infringing a total of sixteen patents with everything from Microsoft Exchange to Bing Maps to the Windows operating system itself -- as well as the aforementioned video codecs and wireless tech, of course. Moto's also determined to rub a little salt in the wound, it seems, as the company just pushed out a press release with the following statement: "It is unfortunate that Microsoft has chosen the litigation path rather than entering into comprehensive licensing negotiations, as Motorola has mutually beneficial licensing relationships with the great majority of technology companies industry-wide." PR after the break.

Continue reading Motorola slaps Microsoft with a pair of patent infringement lawsuits, says it's such a shame

Motorola slaps Microsoft with a pair of patent infringement lawsuits, says it's such a shame originally appeared on Engadget on Wed, 10 Nov 2010 22:42:00 EST. Please see our terms for use of feeds.

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Google suing US Department of the Interior for Google Apps snub

Paul Miller — Tue, 02 Nov 2010 10:05:00 EST

Google has filed a lawsuit in the US Court of Federal Claims against the US Department of the Interior for being what it claims as "unduly restrictive of competition." Apparently the DOI wrote up procurement requirements for a hosted email and collaboration solution (it's currently hobbling along with 13 different platforms for its 88,000 users) that specifically stated the software had to be part of the Microsoft Business Productivity Online Suite. Google thinks there should be a competitive procurement process for the $59 million contract, allowing for potential alternatives to Microsoft (like Google Apps, for instance). The DOI says it's up for open competition on the contract, but it's "standardized" on Microsoft tech. We'll have to see how this plays out.

Google suing US Department of the Interior for Google Apps snub originally appeared on Engadget on Tue, 02 Nov 2010 10:05:00 EST. Please see our terms for use of feeds.

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Microsoft files ITC complaint against Motorola over alleged Android-related patent infringement

Chris Ziegler — Fri, 01 Oct 2010 14:44:00 EST

Wireless companies love suing one another -- well, maybe they don't "love" it, but in an age when it's virtually impossible to assemble a cellular device without extensive licensing agreements in place, it's basically an inevitability. Microsoft has hit up the ITC over a total of nine alleged patent infringements by Motorola in its Android devices, specifically relating to "synchronizing email, calendars and contacts, scheduling meetings, and notifying applications of changes in signal strength and battery power." This should be interesting -- will it result in a quick cross-licensing agreement, or a protracted court battle spanning multiple years? Hard to say, but in the meantime, follow the break for Microsoft's brief press release.

Continue reading Microsoft files ITC complaint against Motorola over alleged Android-related patent infringement

Microsoft files ITC complaint against Motorola over alleged Android-related patent infringement originally appeared on Engadget on Fri, 01 Oct 2010 14:44:00 EST. Please see our terms for use of feeds.

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Microsoft declares 'open season' on botnets, beats Waledac in court

Joseph L. Flatley — Mon, 13 Sep 2010 19:31:00 EST

When we heard that Microsoft was appealing to a higher power to shut down the Waledac botnet, we assumed that meant lighting candles at St. Francis Parish -- instead, the company went to the courts. At its prime, Waledac was estimated to have infected upwards of 90,000 machines, which in turn sent out approximately 1.5 billion pieces of spam a day (about one percent of the world's total). In February, District Court Judge Leonie Brinkema issued a temporary restraining order taking the 276 domains that the perps used for the network's command and control structure offline, and earlier this month the act was finalized with the U.S. District Court of Eastern Virginia granting a motion that, according to USA Today, "[effectively] gives Microsoft permanent ownership" of the domains. Although the defendants didn't come forward, Microsoft lawyers were able to prove that they were indeed aware of the case -- it seems that not only did they launch a DDOS attack against Microsoft's law firm, they also threatened a researcher involved in the case. Of course, since the worm can also operate in peer-to-peer mode there's no telling how many infected machines are still out there, but at the very least the botnet has been crippled -- and now companies like Microsoft have proven legal recourse if they are targeted by domains (at least ones registered in the US). "It's open season on botnets," said Microsoft senior attorney Richard Boscovich Sr. "The hunting licenses have been handed out, and we're coming back for more."

Microsoft declares 'open season' on botnets, beats Waledac in court originally appeared on Engadget on Mon, 13 Sep 2010 19:31:00 EST. Please see our terms for use of feeds.

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Microsoft co-founder Paul Allen sues Apple, Google, Facebook, AOL, eBay, Netflix, Yahoo!, Staples, OfficeMax, Office Depot, and YouTube over patents

Laura June — Fri, 27 Aug 2010 14:42:00 EST

Microsoft's co-founder Paul Allen has filed suit against nine companies over patent violations. Through his current firm, Interval Licensing LLC, Allen is suing Apple, Google, AOL, Facebook, ebay, Netflix, Office Depot, OfficeMax, Staples, Yahoo, and YouTube (which is a subsidiary of Google). The claims involve four separate patents, most of which cover integral parts of how the companies named do business. For example, one patent allows site suggestions for consumers based on things they're currently viewing, while another allows related articles to be delivered while reading news. All in all, it sounds like Allen's patents -- if they're indeed found to cover these technologies -- are seriously vast. The suit, which was filed today, does not name any specific amount of damages he is seeking. Allen, who is one of the richest people in the world with an estimated worth of over $13 billion, recently pledged to donate over half of his wealth to philanthropic causes after Microsoft co-founder Bill Gates called on the world's billionaires to do so.

Microsoft co-founder Paul Allen sues Apple, Google, Facebook, AOL, eBay, Netflix, Yahoo!, Staples, OfficeMax, Office Depot, and YouTube over patents originally appeared on Engadget on Fri, 27 Aug 2010 14:42:00 EST. Please see our terms for use of feeds.

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NTP awakes, sues Apple, Microsoft, Google, HTC, LG, and Motorola over wireless email patents

Nilay Patel — Fri, 09 Jul 2010 09:53:00 EST

Remember NTP? The tiny company with a portfolio of patents on wireless email technology that wrung a $612 million settlement out of RIM in 2006 after years of litigation? Well, get ready to fall in love all over again, because the company just sued Apple, Google, Microsoft, HTC, LG, and Motorola for the same thing. Given the company's protracted history defending its patent portfolio -- the RIM case alone took nearly five years and ultimately involved USPTO re-examining several patents, rejecting some and then ultimately declaring some others valid in 2009 -- we can't see any of this ending quickly or easily, especially with such formidable adversaries aligned as defendants. In particular, we'd note that Apple and Microsoft have a long history of cooperation and cross-licensing in the patent space, so we're sure their lawyers are ready to party down in lawsuit town, and adding Google, Motorola, HTC, and LG to the mix isn't going to make any of this easier for NTP. We'll see what happens -- this one's going to be long and messy. PR after the break.

Continue reading NTP awakes, sues Apple, Microsoft, Google, HTC, LG, and Motorola over wireless email patents

NTP awakes, sues Apple, Microsoft, Google, HTC, LG, and Motorola over wireless email patents originally appeared on Engadget on Fri, 09 Jul 2010 09:53:00 EST. Please see our terms for use of feeds.

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Microsoft facing patent lawsuit over Zune Buy From FM feature

Nilay Patel — Mon, 29 Mar 2010 14:47:00 EST

Looks like someone at Microsoft should be paying slightly more attention to the mail: an ophthalmologist (yes, that's right) in Illinois named Edward Yavitz is suing Redmond over the Zune's Buy From FM feature, saying he wrote the software giant a letter in 2006 that disclosed his two relevant patents on the tech, suggested how it could be integrated into the Zune, and asked for a deal. Two years and presumably zero replies later, a young Joe Belfiore introduced Buy From FM along with the Zune 3.0 software, which Ed says directly infringes on his patents -- and his lawsuit, filed ten days ago, asks the court to permanently stop sales of the Zune and award him triple damages in cash. Oops. We haven't dived too deeply into the patents themselves, but it looks like Ed's going to have a bit of a fight on his hands here, as the patents seem to describe systems that have preloaded content about music that's then accessed when a data trigger is received over the air, not just storing song information for later purchase over the Internet. We're sure the good doctor's attorneys have some high-powered arguments to the contrary, so we'll withhold judgment and see where this all leads -- we're guessing a quick settlement is in the cards, as fighting Microsoft might end up actually costing more than any percentage of royalties on total sales of the Zune.

P.S.- If you're wondering why Apple hasn't been named for its similar iTunes Tagging feature... well, so are we. We'll see what happens.

Microsoft facing patent lawsuit over Zune Buy From FM feature originally appeared on Engadget on Mon, 29 Mar 2010 14:47:00 EST. Please see our terms for use of feeds.

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Microsoft loses second Word patent appeal, on the hook for $240 million in damages

Vlad Savov — Fri, 12 Mar 2010 08:54:00 EST

And the intellectual property rollercoaster continues. Microsoft's second appeal of that $240m judgment banning sales of Word with features infringing on i4i's XML-related patents has been rejected, leaving the Redmond giant with a huge fine to pay atop its undoubtedly sky-high lawyer bills. The appeals court held that Microsoft was explicitly aware of i4i's patents before implementing the relevant XML code into Word -- undoubtedly because i4i had been selling an extremely popular XML plugin for years and had approached Microsoft about licensing it. Yeah, oops. Don't worry, though, there shouldn't be any consumer impact here: old versions of Word aren't affected, and current versions of Word 2007 and Office 2010 don't have the offending features. Still, Microsoft might be able to appeal yet again, depending on a panel ruling on the matter -- at this rate, we'd expect it.

Microsoft loses second Word patent appeal, on the hook for $240 million in damages originally appeared on Engadget on Fri, 12 Mar 2010 08:54:00 EST. Please see our terms for use of feeds.

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XP downgrade lawsuit thrown out, MS lawyers celebrate rare victory

Tim Stevens — Tue, 02 Mar 2010 09:51:00 EST

It's hard to imagine a more busy team of lawyers than those on-staff at Microsoft, and while the news isn't always good for them, today they can hold their heads high as a lawsuit filed last year alleging that MS was profiting from so-called "downgrade fees" has finally been dismissed. US District Court Judge Marsha Pechman found that the plaintiff, Emma Alvarado, didn't prove Microsoft was in any way gaining value from these charges. In fact the downgrade fee to move to XP was, in this case, being charged by Lenovo, not Microsoft, and was to cover the additional time it took to physically install that OS over the standard (at the time) Vista. In other words Alvarado missed the mark and in the process surely cost taxpayers and Microsoft thousands and thousands of dollars. Hooray!

XP downgrade lawsuit thrown out, MS lawyers celebrate rare victory originally appeared on Engadget on Tue, 02 Mar 2010 09:51:00 EST. Please see our terms for use of feeds.

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Nazomi Communications makes friends by suing everyone you know

Tim Stevens — Thu, 11 Feb 2010 08:24:00 EST

When the Java programming language burst onto the scene in the mid-'90s, the mantra was "write once, run anywhere." Any Java coder will tell you that dream never quite became a reality, and while plenty have worked on ways to make Java code run like instructions specialized for this or the other family of processors, Nazomi Communications wants there to be only one: its way. The company was founded in the late '90s by Sun expatriates and created some processors capable of running compiled Java code natively. Now its biggest production is a lawsuit against Amazon, Microsoft, Nokia, Garmin, Sling, and others for patent infringement. Exactly which patent hasn't been made clear at this point, but we wouldn't be surprised if it's 6,332,215, the same one the company referenced when suing ARM back in 2007. Nazomi lost that suit (plus a subsequent appeal) and, given how much we dislike these annoying patent disputes from tiny, seemingly struggling companies (Nazomi currently has four whole employees according to LinkedIn), we're hopeful that all these lawsuits go away soon too.

Nazomi Communications makes friends by suing everyone you know originally appeared on Engadget on Thu, 11 Feb 2010 08:24:00 EST. Please see our terms for use of feeds.

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Microsoft has AT&T's back, sues TiVo for patent infringement

Tim Stevens — Wed, 20 Jan 2010 08:19:00 EST

The DVR patent fight just got a little crazier, with Microsoft greasing itself up and jumping into the arena -- seemingly to preserve the honor of AT&T. You'll remember (maybe) that TiVo and AT&T have been having something of a fight over a few different patents primarily related to time shifting. Now Microsoft is suing TiVo, saying that it has stepped on two patents used in AT&T's U-Verse, which you'll recall relies on Microsoft's Mediaroom. Want to hear some of the legal verbiage in question? "A system that displays programmable information and a secure method for buying and delivering video programs." It's vague and all-encompassing, and that's just how we like our patent kerfuffles.

Microsoft has AT&T's back, sues TiVo for patent infringement originally appeared on Engadget on Wed, 20 Jan 2010 08:19:00 EST. Please see our terms for use of feeds.

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Microsoft loses patent appeal; Word and Office to be barred from sale starting January 11

Nilay Patel — Tue, 22 Dec 2009 13:35:00 EST

It's getting closer and closer to check-writing time for Steve Ballmer, as the U.S. Court of Appeals for the Federal Circuit has just upheld a decision that would see Microsoft Word and Office banned from sale starting January 11. If you'll recall, Microsoft lost a patent infringement suit against XML specialists i4i back in May when it was found that Word's handling of .xml, .docx, and .docm files infringed upon i4i's patented XML handling algorithms, but the injunction against further Word sales was put on hold pending the results of this appeal. Now that Microsoft has lost once again, we'd expect either another appeal and request for the injunction to be stayed, this time to the Supreme Court, or for a settlement between these two that would end this whole mess right now. We'll see what happens -- stay tuned.

P.S.- Just to be clear on this, i4i isn't a patent troll -- it's a 30 person database design company that shipped one of the first XML plugins for Office and was actually responsible for revamping the entire USPTO database around XML to make it compatible with Word back in 2000. What's more, the patents involved here don't cover XML itself, but rather the specific algorithms used to read and write custom XML -- so OpenOffice users can breathe easy, as i4i has said the suite doesn't infringe. Existing Office users should also be fine, as only future sales of Word are affected by the ruling, not any already-sold products.

Engadget: Helping you flame with accuracy.

Update: Microsoft says it's moving quickly to prepare versions of Office 2007 and Word 2007 that don't have the "little-used" XML features for sale by January 11, and that the Office 2010 beta "does not contain the technology covered by the injunction," which can be read in a number of ways. It's also considering an appeal, so we'll see what happens next.

Microsoft loses patent appeal; Word and Office to be barred from sale starting January 11 originally appeared on Engadget on Tue, 22 Dec 2009 13:35:00 EST. Please see our terms for use of feeds.

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Datel sues Microsoft, wants its Xbox 360 market back

Vlad Savov — Tue, 24 Nov 2009 05:19:00 EST

Seems like we just can't go a week without some corporate power plays or mudslinging making our pages. Back in October, Datel promised it would "remedy" the situation created by Microsoft's forthcoming (now present) Dashboard update locking out its higher capacity memory modules. The accessory company was the first (and only) third-party supplier of memory cards for the Xbox 360, but it seems that MS took a dislike to the MicroSD-expandable Max Memory units and has since taken the unusual step of downgrading the console to being able to read only chips up to 512MB, essentially taking Datel's 2GB+ wares out of commission. Yeah, classy. Datel's retaliation is in the finest Anglo-Saxon legal tradition, namely to assert antitrust concerns and to claim its right to act as a competitor to Microsoft in the memory market for Redmond's own console. It all sounds rather silly to us too, and could probably have been avoided by a rational compromise, but what's the fun in that?

Datel sues Microsoft, wants its Xbox 360 market back originally appeared on Engadget on Tue, 24 Nov 2009 05:19:00 EST. Please see our terms for use of feeds.

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First Sidekick class-action lawsuits predictably get underway

Nilay Patel — Thu, 15 Oct 2009 13:26:00 EST

Our usual rule is to ignore attention-seeking class-action lawsuits until they make it past the critical step of being certified by a judge, but we think it's pretty wild that the Sidekick debacle has already resulted in two separate suits in two different states. That's a turnaround time of just a few days, really -- and now that Microsoft is saying it can restore most of the lost data, it'll be interesting to see if these cases can push on past the early stages. Both the California and Washington state cases allege that T-Mobile misled customers into thinking their data was secure, but for some reason we're particularly amused at the California case filed by a mother whose aspiring model and singer-songwriter daughter lost "photos and song lyrics" she'd entrusted to her Sidekick -- honestly, what judge can't relate to her situation?

Filed under: Cellphones

First Sidekick class-action lawsuits predictably get underway originally appeared on Engadget on Thu, 15 Oct 2009 13:26:00 EST. Please see our terms for use of feeds.

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Microsoft's $358 million damage award overturned, Alcatel-Lucent likely perturbed

Darren Murph — Mon, 14 Sep 2009 09:58:00 EST

We won't go so far as to compare this to the epic multi-year Broadcom vs. Qualcomm saga, but this is certainly shaping up to be the case that never ends, part II. Microsoft and Alcatel-Lucent have been at each other's throats over various things since August of 2007, and while we've seen damages awarded and overturned a few times since, the latest ruling to be handed down by the US Court of Appeals for the Federal Circuit has A-L waiting a wee bit longer to get its (maybe) due. This past Friday, the court decided that while a $358 million damages award against Microsoft for "violating patents relating to technology that allows users to enter dates into calendars in its Outlook e-mail program" was somewhat legitimate, the damages were "unjustified." The result? The whole thing has to be retried, giving the contracted law firms for both companies immense joy.

Filed under: Software

Microsoft's $358 million damage award overturned, Alcatel-Lucent likely perturbed originally appeared on Engadget on Mon, 14 Sep 2009 09:58:00 EST. Please see our terms for use of feeds.

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Microsoft Word allowed to stay on sale... for now

Nilay Patel — Fri, 04 Sep 2009 00:17:00 EST

Just as we predicted, Microsoft's request to have that ban on sales of Word put on hold pending appeal of i4i's XML patent victory has been granted. That means IT managers and excitable first-year college students can continue to happily throw down cash for the world's most popular word processor, while the rest of us twiddle our thumbs waiting for either proceedings to resume on September 23 or Stevey Ballms to write the big check and make this whole case disappear forever.

Filed under: Software

Microsoft Word allowed to stay on sale... for now originally appeared on Engadget on Fri, 04 Sep 2009 00:17:00 EST. Please see our terms for use of feeds.

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