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Analyst: Microsoft gets $5 for every HTC Android phone

By | May 27, 2011, 10:30am PDT

Why does Microsoft have such a large patent portfolio? Maybe because there’s big money to be made in patents.

Today’s proof comes from HTC, one of the biggest smartphone handset makers in the world.

If you have an Android phone made by HTC, Steve Ballmer wants to say thank you. As odd as it sounds, Microsoft gets five dollars for every HTC Android device. According to a report this morning, that adds up to a lot of ka-chings—$150 million in all, based on a rough estimate that HTC has shipped 30 million such devices.

The report by Horace Dediu at Asymco says the money is part of a patent settlement:

Microsoft gets $5 for every HTC phone running Android, according to Citi analyst Walter Pritchard, who released a big report on Microsoft this morning.

Microsoft is getting that money thanks to a patent settlement with HTC over intellectual property infringement.

Microsoft is suing other Android phone makers, and it’s looking for $7.50 to $12.50 per device, says Pritchard.

Florian Mueller, who tracks patents and other intellectual property issues at his FOSS Patents blog, provides more details via Twitter:

It wasn’t even a settlement: there was never a formal suit to settle. It was a license deal prior to any litigation.

Have other handset makers signed similar deals?

It’s possible that many have without announcing. HTC is the only specific announcement of its kind. Plus there are broad cross-license agreements they announced with LG, Samsung etc. Those may or may not include Android now.

When Microsoft sits down at the bargaining table with handset makers, this is definitely part of the pitch.

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Topics

Ed Bott is an award-winning technology writer with more than two decades' experience writing for mainstream media outlets and online publications.

Disclosure

Ed Bott

Ed Bott is a freelance technical journalist and book author. All work that Ed does is on a contractual basis.

Since 1994, Ed has written more than 25 books about Microsoft Windows and Office. Along with various co-authors, Ed is completely responsible for the content of the books he writes. As a key part of his contractual relationship with publishers, he gives them permission to print and distribute the content he writes and to pay him a royalty based on the actual sales of those books. Ed's books written prior to fall 2011 have been distributed by Que Publishing (a division of Pearson Education) and by Microsoft Press. As of November 2011, Ed is a partner in the independent publishing company Fair Trade Digital Exchange, which exclusively publishes his books.

On occasion, Ed accepts consulting assignments. In recent years, he has worked as an expert witness in cases where his experience and knowledge of Microsoft and Microsoft Windows have been useful. In each such case, his compensation is on an hourly basis, and he is hired as a witness, not an advocate.

Ed does not own stock or have any other financial interest in Microsoft or any other software company. He owns 500 shares of stock in EMC Corporation, which was purchased before the company's acquisition of VMware. In addition, he owns 350 shares of stock in Intel Corporation, purchased more than two years ago. All stocks are held in retirement accounts for long-term growth.

Ed does not accept gifts from companies he covers. All hardware products he writes about are purchased with his own funds or are review units covered under formal loan agreements and are returned after the review is complete.

Biography

Ed Bott

Ed Bott is an award-winning technology writer with more than two decades' experience writing for mainstream media outlets and online publications. He's served as editor of the U.S. edition of PC Computing and managing editor of PC World; both publications had monthly paid circulation in excess of 1 million during his tenure. He is the author of more than 25 books on Microsoft Windows and Office, including the recently released Windows 7 Inside Out.

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iPhone, Certainly not the first, not by a longshot!
sales@... 15th Feb
After reading the first page of these comments (and apologies if several pages down someone else has come up with this point) But for in counter to the comment by @jinishans "Hey dude, the whole world came to know about a word called "Smartphone" was due to iPhone." I'm sorry to say, but the "smartphone" was around and known as such, 4 years prior to iphones 2007 release, I speak of the Symbian OS's Motorola A920/A925 series and Sony Ericsson P800 (amongst others), which were touch screen phones, with multitasking, and many of the hardware features common to smartphones today, including bluetooth and AGPS. it was also one of the early phones to make use of separate apps for each task, for which new apps could be installed on the phone by the end user.

So please, Apple, Google, Microsoft, RIM, Nokia - none of these are innovators particularly, it's all a rehash of technologies that have been around a LOT longer than peoples memories seem to recall back to!
Hopefully this should raise the price of Android phones and steer customers away from them.
@angarita calvo
Are you nuts? Android is the best thing to hit the smartphone market. No one on this planet can claim it was the iPhone... that's not even a smartphone (how the heck can you claim smartphone if it can't even multi-task?).
techgeek. To the end-user, multitasking means I can move away from my app, have it continue playing music or getting skype notifications in the background, then I can go back to it and pick it up where I left off. They don't give a rat's A$$ on HOW it's done.
@beidsvold - Also, why, precisely, is Android "the best thing to hit the smartphone market"? It's just Google's attempt to keep up with iOS. Android is pretty much just a container for apps that you switch between. How is that significantly better than iOS?
@beidsvold Hey dude, the whole world came to know about a word called "Smartphone" was due to iPhone. Let's not fool ourselves. Google never produced any product out of innovation.
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Android is brain dead
Bruizer 28th May
@beidsvold

It has an anemic applications market leaving developers to starve and a sophomoric multi-tasking model out of a second year CS major project.
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Right!
Solid Water 27th May
@angarita calvo

Those steered away from Androids should be steered to WP7 instead where they will not pay $5 to Microsoft! wink
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RE: Right!
RealAusTech 27th May
@Solid Water

No, they will pay a lot more, given that WP7 stands for Windows Phone 7. Best joke that I've heard today, IOW its the only one.
@RealAusTech

Given that the license fee for WP7 is $10 and they have a lot of deals on pricing, the average price difference for HTC between licensing WP7 and using Android just became quite small.
@Solid Water
Better to put $5 in MS coffers and get a decent phone than to be saddled with WP7!

That should get the trolls going... Funny how so few of them have infested this thread (yet). Probably because it is the weekend and they are away from their desks at Redmond.

Just as well that Ed Bott continues his unabated bashing of Apple and Linux/Android as well as defending Microsoft at every turn to support the trolls efforts.

Seriously, if MS products were half as good as the trolls make out (and Apple and Linux were half as bad as they pretend) then it would be all over, red rover. But no, the trolls and shills keep on denying facts and reality. They are good for a laugh, though!
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Only HTC phones
guihombre 28th May
It will add about $15 to the price of HTC phones.

Microsoft tried this on with many vendors, but the patents are so weak they have to sign an NDA even to find out the claims MS is making....
Barnes and Noble refused to cooperate, and reading the patent claims MS is making are bogus.

http://thenextweb.com/microsoft/2011/04/27/barnes-noble-spits-on-microsoft-over-patent-dispute/
@angarita calvo

Microsoft is the EVIL
@angarita calvo

Microsoft is the son of the Evil....
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Nay
ego.sum.stig@... 28th May
Microsoft is the ultimate ancestor on down to the last descendant of evil, each generation trying to outdo the prior.

Well, maybe there is some good in them, they aren't (as far as I know) responsible for Budweiser.
@angarita calvo

HTC's Microsoft problem is confined to the USA because pure software patents fortunately don't exist in other countries.
@angarita calvo
"... this should raise the price of Android phones and steer customers away from them." Unlikely, as an Android phone is still better value. MS will probably make more money from THIS deal than from any WP7 phones!
@angarita calvo

Ed, I see no mention of a $$ amount in the Microsoft Press release ... where you getting your data.
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Contributr
Read the story again
Ed Bott 30th May
@BrentRBrian

Read my post more slowly this time and you will see the source. Here, maybe this will help:

"Microsoft gets $5 for every HTC phone running Android, according to Citi analyst Walter Pritchard, who released a big report on Microsoft this morning."
@angarita calvo
hopefully!
cute, thanks for sharing!! rolex yachtmaster replica
0 Votes
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You know where, Motorola the only handset company to say "No" to Windows Phone 7 found themselves hit with a MS lawsuit...

Interesting times - personally I'd love to see Motorola take MS to a jury trial and come out victorious.
The smarter they are the sooner they'll start. WP will start outselling ios and adroid combined in just a few years, there's no way they can justify continuing to ignore that. The share holders will throw the current management and board out if they don't. Their current plan to ditch android for their own os has fail written all over it. WP has all the critical mass of inovation now, ios and android have stalled.
@Johnny Vegas

Aaahahahahaha
Nice try ...
0 Votes
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@Johnny Vegas
I have yet to see a Windows phone in the wild. Some people at my work are holding onto 6.5 based phones like grim death, the others have already gone iOS or Android. Sales geeks still use BB because it is the only one secured and IT approved to connect to corporate email.

Windows phone just doesn't have any excitement or anything it does better or unique over the other two.
@itguy08 : TYpical MS bashing from you. Expected nothing more. Actually I use to work at Motorola [now both of them] and still have shares. Motorola & Microsoft [last I heard] are quite friendly with each other.
I love how Microsoft can make money off of linux but the distros can't! You have to sit back and laugh at that.
@LoverockDavidson

RedHat?
M$ dont earn, they steal the money!
@Watchman247 Steal? Huh? That makes zero sense. Go read corporate law.
Nah, HTC phones will be more expensive and hence priced out of the market.

That's the lesson for paying Danegeld.
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They make money off HTC.
BobsYourUnclw 28th May
@LoverockDavidson
HTC makes a bunch more that that off Linux because they have the OS and tweaks many want and are selling hardware like crazy. If this is the best last hope for MS to make money in the mobile market, they are doomed. 30M handsets just from HTC that in no way require or use Windows in any way shape or form. Not good for a company that relies/relied on lock in.

The real irony is, settling for a measly $5 per handset instead of blocking Android will be a really bad mood (assumes of course the patents are valid, which is probably why they settled for $5, lol)
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@LoverockDavidson
cause linux peoples are innovative, they are not thief like MS
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Cool for MS.
gbouchard99@... 27th May
MS will will probably get more thant Google itself. Maybe they can invest in Win phone 7. This situation is a reminder that if you had a good idea and you have a patent for it... then, money will come in if someone is making some doe on your idea. Google dosen't have anything new. Their search engine is a old concept (remeber lycos, remember altavista )that was very well executed, Google docs is...let me take a guess... an Office look a like, Gmail another hotmail... And Android another form of linux. Sorry but I'm still not impressed.
@gbouchard99@... try and learn something before posting again. The hot air coming from your mouth isn't making sense.
@timspublic1@... why ? what's wrong in saying that. Can you point ONLY ONE single product Google brought to the industry on it's own...? I'm sorry except stealing our data, reading our mails to show us the Ads and earn money.
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@jinishans
ego.sum.stig@... 27th May
What a sad little rant. Can you point to one single product in the computer industry that anyone has brought to the industry on its own? Well, other than the jihadist ranters that pose as bloggers on zdnet, I'd say they are a candidate for a first for the industry.
@gbouchard99@... No, that's not actually how it works. Money only comes in if you have bigger, scarier lawyers than the "someone" who is making money on your idea. Many software patents are ludicrous and wouldn't stand up in a reasonably tech-savvy court... the trick is being able to afford the millions in legal fees you'll burn through while the case is being tried. Microsoft can, so people throw money at them to make them go away and stop making legal noises. You probably can't, so you get squat.
@gbouchard99@...

Where at M$ do you work?
0 Votes
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@gbouchard99@...
google is the most innovative company.. have u ever heard of ranking algo.. do u know machine learning.. now a days ur using very fast browsers. thats because of chrome.. android speech recognition is the best.. what else to say.. nerd like u cant understand
Boycott microsofty at any opportunity. They stopped being useful over a decade ago. Now they just stomp out innovation and keep us from having new tech.
@timspublic1@...

Excellent plan. You should also boycott phamaceutical companies as well that utilize patent protection. Next time you get sick, just try to tough it out.
@facebook@... : I agree with you 100%. "Timpublic1" is your typical anti-MS basher or just prefers companies to steal other companies technologies after spending millions in development. I'd like to see how he'd feel if he developred something and you or I "stole" what he developed.
@timspublic1@... You posted above saying as if Google cameup with lot of innovation. Give me a break. Tell me one product what they provided out of innovation. Google either copied others or bought them.
@jinishans ....Have you ever used Google Earth ? Who did they copy that from ?
@sandino - they bought Google Earth (actually, the small company that had built it). And it itself was the subject of a patent suit from a company called Skyline.

Just posting in the interest of facts, not disagreeing with the overall premise of the thread.
@daboochmeister .....it is true. Sorry about that. I should investigate a little before posting.
0 Votes
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@jinishans

It came long before Google earth and allowed you to do the same thing. They built it to prove the scalability of SQL back in the day. This was 11 years ago or so. But nice try. Google Earth has better resolution and some overlay features, but innovative? No, not really.

Search? They did it better, but there were many search engines before them.
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RE: Analyst: Microsoft gets $5 for every HTC Android phone
pinkfloydhighhopes Updated - 29th May
@jinishans
google is the most innovative company.. have u ever heard of ranking algo.. do u know machine learning.. now a days ur using very fast browsers. thats because of chrome.. android speech recognition is the best.. what else to say.. nerd like u cant understand
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@jinishans
they innovate very fast algorithm, so strong data structure that u can never imagine
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They stop out innovation
LiquidLearner 27th May
@timspublic1@...

By not letting other people use ideas they brought to the table. If it was innovative, it wouldn't violate a patent because it would be a new idea.
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Wouldn't it be ironic ...
daboochmeister 27th May
... if MS made more money from Android handsets than WP7 handsets?

That certainly seems possible long-term, given the current sales figures.
After reading the first page of these comments (and apologies if several pages down someone else has come up with this point) But for in counter to the comment by @jinishans "Hey dude, the whole world came to know about a word called "Smartphone" was due to iPhone." I'm sorry to say, but the "smartphone" was around and known as such, 4 years prior to iphones 2007 release, I speak of the Symbian OS's Motorola A920/A925 series and Sony Ericsson P800 (amongst others), which were touch screen phones, with multitasking, and many of the hardware features common to smartphones today, including bluetooth and AGPS. it was also one of the early phones to make use of separate apps for each task, for which new apps could be installed on the phone by the end user.

So please, Apple, Google, Microsoft, RIM, Nokia - none of these are innovators particularly, it's all a rehash of technologies that have been around a LOT longer than peoples memories seem to recall back to!

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