AfterDawn: News

Motorola counter-sues Microsoft over patents

Yesterday we reported that Microsoft was suing Motorola over patents relating to the Xbox 360 gaming system.

Today, Motorola has counter-sued, accusing Microsoft of infringing on 16 patents with their Xbox, Windows for servers, PCs, and mobile devices.



Says Motorola (via Cnet):

"The Motorola patents directed to PC and server software relate to Windows OS, digital video coding, e-mail technology including Exchange, Messenger, and Outlook, Windows Live instant messaging, and object-oriented software architecture. The Motorola patents directed to Windows mobile software relate to Windows Marketplace, Bing maps, and object-oriented software architecture."

Continues the company: "Motorola's R&D and intellectual property are of great importance to the Company and are renowned worldwide. We are committed to protecting the interests of our shareholders, customers and other stakeholders and are bringing this action against Microsoft in order to halt its infringement of key Motorola patents. Motorola has invested billions of dollars in R&D to create a deep and broad intellectual property portfolio and we will continue to do what is necessary to protect our proprietary technology. 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 industrywide."

Microsoft's response: "We are still reviewing Motorola's filing, which we just received. This move is typical of the litigation process, and we are not surprised. We remain confident in our position and will continue to move forward with the complaints we initiated against Motorola in the U.S. District Court for the Western District of Washington and with the International Trade Commission (ITC)."

Written by: Andre Yoskowitz @ 12 Nov 2010 0:58

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• 5 comments

• xaznboitx

  it's ms os and console yet they suing ms?
  also, out look isn't on the 360

  12.11.2010 05:58 #1

• alewis

  "Microsoft's response: "... This move is typical of the litigation process, and we are not surprised."
  
  Oh the irony of the first part of that statement! I'll wager that they never noticed, and if they do, it would be lost on them.
  

  PiLGRi/\/\

  12.11.2010 08:40 #2

• biglo30

  This is really starting to get ridiculous now. It seems like everyone is trying to sue each other for old patents that they just decided is one of theirs. Even this patent thing is starting to get out of hand, I think they need to really think about how they go about doing it because some patent that they award are just dumb.
  
  I just read that nintendo got a trademark for the phrase "It's on like donkey kong" WTF is up with that????

  12.11.2010 10:51 #3

• Notcow

  Originally posted by biglo30: This is really starting to get ridiculous now. It seems like everyone is trying to sue each other for old patents that they just decided is one of theirs. Even this patent thing is starting to get out of hand, I think they need to really think about how they go about doing it because some patent that they award are just dumb.
  
  I just read that nintendo got a trademark for the phrase "It's on like donkey kong" WTF is up with that???? Some of these lawsuits are legitimate; if a company invents something they should have a right to sue other companies for using their technology without permission. Maybe there are too MANY patents, but if you develop a "catchphrase", than you should be able to trademark it.
  
  I'm guessing that Motorola's lawsuits were long and coming.
  

  12.11.2010 23:00 #4

• alewis

  Originally posted by Notcow: Originally posted by biglo30: ..nintendo got a trademark for the phrase "It's on like donkey kong" WTF is up with that????
  but if you develop a "catchphrase", than you should be able to trademark it. No, you shouldn't. Its a catchy phrase, a slogan, and not a trademark, which is entirely different, ie used to identify an item or range of goods. Anyway, they haven't been granted the trademark, they have applied for it. And its a PR marketing stunt.. although, given the vagaries of the US courts, they could well be granted it (even though prior use exists..)
  
  Lawyers, of course, will wish them well. Why? because then other clients will trademark phrases. These will be incredibly simple to search for, and thus bring cases seeking damages for "dilution of the brand" :-)
  
  is it not every patent lawyers dream to trademark the letter 'e", and "i".

  13.11.2010 03:56 #5