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Old 03-21-2011, 03:24 PM   #1
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Microsoft Sues Barnes and Noble over Android

http://www.geekwire.com/2011/breakin...-noble-android

Quote:
Microsoft says it has filed patent infringement lawsuits against Barnes & Noble and the manufacturers of its Nook e-reader, based on the Redmond company’s assertion that Android operating system violates its patents.
Interesting target.

Here is Microsoft's official PR:
http://www.prnewswire.com/news-relea...118380419.html

Quote:
"Other vendors, including HTC, a market leader in Android smartphones, have taken a license under this program, and we have tried for over a year to reach licensing agreements with Barnes & Noble, Foxconn and Inventec. Their refusals to take licenses leave us no choice but to bring legal action to defend our innovations and fulfill our responsibility to our customers, partners, and shareholders to safeguard the billions of dollars we invest each year to bring great software products and services to market," he added.

Last edited by kjk; 03-21-2011 at 03:41 PM.
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Old 03-21-2011, 04:01 PM   #2
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Will MS refund HTC's money if BN wins?
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Old 03-21-2011, 04:15 PM   #3
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Will MS refund HTC's money if BN wins?
I actually wonder what does happen to those licensees when patent battles go sour.
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Old 03-21-2011, 04:28 PM   #4
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Old 03-21-2011, 04:42 PM   #5
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Quote:
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I actually wonder what does happen to those licensees when patent battles go sour.
It depends on the deal.
Contrary to popular belief, most patent license deals betwen big companies don't involve money or drag on forever, as most companies have their own patent portfolios they can cross-license in lieu of cash. They just need to negotiate the exchange value of their individual portfolios and the terms of the licenses. In some patent deals, MS has actually ended up paying the other outfit when *their* patents outweigh the value of the MS patent.
It is usually the johnny-come-latelies of the world with no patents to call their own in a given business that end up in trouble or paying cash.
Unlike HTC or Amazon (for example), B&N has zero tech IP to their credit so their choices are to pay for all the licenses or fight and pay the lawyers. Apple's fight with Nokia comes from the same issue; Apple had zero history in communications before the iPhone and their portfolio of patents (in media and software) is useless to Nokia so off to court they go.
These fights are unavoidable because patents, like trademarks, have to be asserted to be valid. And because Google, unlike MS, does NOT offer patent indemnization to their Android licensees.
In other words: you get what you pay for.
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Old 03-21-2011, 05:05 PM   #6
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Quote:
Originally Posted by fjtorres View Post
It depends on the deal.
Contrary to popular belief, most patent license deals betwen big companies don't involve money or drag on forever, as most companies have their own patent portfolios they can cross-license in lieu of cash. They just need to negotiate the exchange value of their individual portfolios and the terms of the licenses. In some patent deals, MS has actually ended up paying the other outfit when *their* patents outweigh the value of the MS patent.
It is usually the johnny-come-latelies of the world with no patents to call their own in a given business that end up in trouble or paying cash.
Unlike HTC or Amazon (for example), B&N has zero tech IP to their credit so their choices are to pay for all the licenses or fight and pay the lawyers. Apple's fight with Nokia comes from the same issue; Apple had zero history in communications before the iPhone and their portfolio of patents (in media and software) is useless to Nokia so off to court they go.
These fights are unavoidable because patents, like trademarks, have to be asserted to be valid. And because Google, unlike MS, does NOT offer patent indemnization to their Android licensees.
In other words: you get what you pay for.
Wonder if Microsoft went after B&N because of their stock over the past year to date. Although they had a good day today.
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Old 03-21-2011, 05:17 PM   #7
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(...) bring great software products and services to market
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Old 03-21-2011, 05:58 PM   #8
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OMG....
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Old 03-21-2011, 07:04 PM   #9
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Is it even possible to develop any kind of software in the US anymore?
It seems that you can't make a mildly successful product without being extorted / sued to bankruptcy by the big patent holders.
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Old 03-21-2011, 07:34 PM   #10
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Old 03-21-2011, 11:04 PM   #11
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new business strategy. install some double agent plants in the patent office. get anything u want patented and start suing everyone.
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Old 03-22-2011, 06:27 AM   #12
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Seems to be the way.
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Old 03-22-2011, 06:35 AM   #13
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Isn't Android owned and developed by Google? If so why are B&N getting sued? Google too big for Microsoft to chase after? Talk about the big boys going to the kiddies sand pit to kick over sand castles.
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Old 03-22-2011, 06:54 AM   #14
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Isn't Android owned and developed by Google? If so why are B&N getting sued? Google too big for Microsoft to chase after? Talk about the big boys going to the kiddies sand pit to kick over sand castles.

Unless I'm mistaken the lawsuit is over the way the books/catalog is displayed on the Nook.

Not really about Android, but the User Interface.
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Old 03-22-2011, 08:13 AM   #15
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The patents include stuff like

Enable display of a webpage’s content before the background image is received, allowing users to interact with the page faster;
Permit users to easily select text in a document and adjust that selection; and
Provide users the ability to annotate text without changing the underlying document.

MS also patented the status bar, apparently. Poor Tim Berners-Lee must be kicking himself for not patenting the whole freaking WWW!

http://www.w3.org/People/Berners-Lee/
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