By : Mark Long
Source : http://www.cio-today.com
Category : Patent Infringement
"More than 70 percent of Android devices sold in the United States have a license from Microsoft," said patent expert Florian Meuller. "But Google appears to be fundamentally opposed to the concept of inbound licensing, though it's simply the way industry players commonly address patent infringement issues."
Microsoft hopes to arrive at mobile Relevant Products/Services "patent peace" with Google's new Motorola Mobility division without having to enforce the software Relevant Products/Services giant's recent string of legal victories in Europe and the United States.
Earlier this month, for example, the International Trade Commission issued an order banning from the U.S. market those Android Relevant Products/Services devices made by Motorola which implement Microsoft's ActiveSync technology. What's more, two courts in Germany have ruled in Microsoft's favor with respect to Motorola Mobility's infringement of other patented technologies owned by the software giant.
Still, Microsoft's legal staff complained on Tuesday that Google is resorting to smoke screens when it should be ironing out a comprehensive mobile patent agreement.
"Unfortunately, we have no reason to believe that Google's diversionary tactics will cease any time soon, and in fact expect more of them in the future," wrote Microsoft General Counsel Brad Smith and Deputy General Counsel Horacio Gutierrez in a blog.
Seeking Reasonable Compensation
Last Friday in Germany's Mannheim Regional Court, Microsoft was awarded multiple remedies concerning the sale of Motorola mobile devices that infringe upon Microsoft's File Allocation Table (FAT) patent. The court mandated remedies include "an injunction, a recall of infringing products from retail, and damages -- the amount of which will have to be determined," noted FOSS Patents blogger Florian Mueller.
The downside is that Microsoft can only enforce the Mannheim court's verdict by posting "a 10-million euro bond," Meuller noted. This helps to explain why Microsoft continues to press for an amicable patent settlement with Google.
"We are seeking solely the same level of reasonable compensation for our patented intellectual property that numerous other Android distributors -- both large and small -- have already agreed to recognize in our negotiations with them," Smith and Gutierrez wrote. "And we stand ready to pay reasonable compensation for Motorola's patented intellectual property as well."
Google did not immediately respond to a request for comment on its rival's call for "patent peace." Eventually, however, industry observers expect that Google will have to make cross-licensing patent deals with its top smartphone and tablet Relevant Products/Services rivals.
"This is already the third patent ruling in Microsoft's favor against Motorola Mobility," Meuller noted. "On a worldwide basis, ten Apple and Microsoft software patents have now been deemed valid and infringed by Android-based devices."
Standing at the Crossroads
Among other things, Microsoft is calling for a comprehensive settlement with Google that covers all outstanding patent issues. "Motorola's public proposal to take a license for only a small sub-set of the large number of Microsoft patents used in its products will not result in durable patent peace," Smith and Gutierrez said.
Moreover, Microsoft's patent deals with other handset and tablet makers demonstrate that these agreements have already achieved broad industry acceptance.
"With every licensee that Microsoft signs up and every court ruling that Microsoft wins, Google's ability to dissuade other Android device makers from signing a license agreement is further impaired," Meuller said.
By contrast, Meuller said, Motorola Mobility is the only major Android device maker to refuse to take a royalty-bearing patent license from Microsoft.
"For example, more than 70 percent of Android devices sold in the United States have a license from Microsoft," Meuller said. "But Google appears to be fundamentally opposed to the concept of inbound licensing, though it's simply the way industry players commonly address patent infringement issues."
Microsoft sees two patent litigation options for Google going forward: engage in serious discussions or string out the process by continuing to rely on diversionary tactics.
"We hope it will choose the first course, and we stand ready to engage in good faith if it does," Smith and Gutierrez said.
Source : http://www.cio-today.com/story.xhtml?story_id=13300D2W7TDG&page=2&full_skip=1
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