software-patents
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Supreme Court unanimously rules that software patents can't cover abstract ideas
From now on companies will have to be a little more specific when filing software patents. The United States Supreme Court today ruled in favor of CLS Bank, a company that was accused by Alice Corporation of violating several of its patents relating to computer-based trading systems. Twice lower courts have found that Alice's patents were invalid and now the highest court in the land has settled the dispute once and for all. In one of the two group opinions supporting the unanimous decision, Justice Clarence Thomas wrote that "merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible invention."
Microsoft wins injunction against Motorola in German court, aims to strike patent license deal
Motorola and Microsoft are no strangers to the patent war tango, and today marks the third injunction against the Droid maker in the German court. Judge Dr. Guntz of the Munich I regional court ruled that Motorola infringes on a Microsoft patent for "soft input panel system and method," granting Microsoft the ability to ban sales of some Motorola devices in the country. Essentially, the patent in question covers the software required to let applications flexibly receive input from different sources, such as the touchscreen keyboard and voice input. As Florian Mueller of Foss Patents points out, the functionality covered by this patent is utilized by the vast majority of apps, and among Android device makers only Google-owned Motorola Mobility is not paying Microsoft a patent license for this feature. Microsoft Corporate Vice President David Howard issued a statement with a not-so-subtle dig at the company in question: "We will continue to enforce injunctions against Motorola products in Germany and hope Motorola will join other Android device makers by taking a license to Microsoft's patented inventions." Google can (and most certainly will) appeal the ruling, so the saga continues...
Microsoft inks Android patent deal with Itronix, causes more heads to explode
We've already noted our slip into Bizarro World, a strange and topsy-turvy land where -- thanks to patent-infringement claims -- Microsoft strikes licensing deals with Android device makers. Redmond has used a carrot-and-stick strategy thus far, suing competing manufacturers (Barnes and Noble, Motorola) while reaching a protective royalty agreement with HTC, which, not coincidentally, also makes Windows Phones. Today, another company joins the licensee list: General Dynamics Itronix, known for its rugged computers, some of which do run Windows. Neither company offered much in the way of details, other than declaring that Itronix will pay royalties, but we've no reason to believe it's too different from HTC's arrangement. See the press release after the break for an excellent example of terse, unrevealing business-speak.
Microsoft says Android infringes on its patents, licenses HTC (update: talking to other Android manufacturers as well)
The lawyers up in Redmond seem to have been woken from their slumber with the sudden realization that -- oh look! -- Google's Android OS infringes on Microsoft's boatload of software patents. How specifically it does so is not identified, but Microsoft believes that elements from both the user interface and the underlying operating system are in violation of its rights. This is very much in keeping with the Windows maker's crusade to assert patent claims over Linux, which in the past has garnished it with cross-licensing deals with Amazon and Xandros, as well as a settlement from TomTom. Lawsuits are not yet being discussed here, but lest you think this is a small-time disturbance, longtime Windows Mobile / Windows Phone partner HTC has already decided to shorten its list of troubles by ponying up for a license from Microsoft that covers its Android phones -- it would be pretty insane if Microsoft sued one of its biggest and most important hardware manufacturers for patent infringement, after all. Even still, it's now an unfortunate fact that HTC is having to pay Microsoft royalties to use Google's operating system. Strange days, indeed. 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: 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. [Thanks, Jack]