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Microsoft sues Motorola Mobility, bringing patent fight to UK

By | January 10, 2012, 12:19pm PST

Summary: Microsoft is suing smartphone maker Motorola Mobility for undisclosed reasons. But £20 of Her Majesty’s best says it has something to do with Android patents.

Microsoft late last year filed a lawsuit against smartphone maker Motorola Mobility at the High Court in London.

The court papers were filed on December 23rd, but do not outline the cause of Microsoft’s claim. Neither company has so far issued a statement to detail the nature of the lawsuit.

A Microsoft spokesperson confirmed the litigation, but declined to comment on the matter.

Unlike the United States where court documents are immediately in the public domain, it can take around two weeks — if not longer — for court papers to be made available to the general public.

The defendant — in this case, Motorola Mobility — must serve their ‘acknowledgement of service’ documents within 14 days of the plaintiff’s complaint made to the court, a legal expert told ZDNet.

However, Microsoft filed the suit only three days after the U.S. International Trade Commission preliminarily ruled in its favour, after the software giant claimed devices running the Android mobile operating system infringed its patents.

Microsoft had been seeking to prove that Motorola Mobility infringed seven of its mobile patents, ZDNet’s Mary Jo Foley reported.

A final decision by an U.S. ITC judge is expected later this year.

Motorola Mobility is close to being bought by Google, which put forward plans last year to buy the company for $12.5 billion.

The U.S. Department of Justice has yet to make any formal or public comment on the acquisition. But the European Commission’s antitrust regulators have suspended its merger review as it seeks further information about the deal before it can proceed.

The regulators, which Google needs approval from to close the acquisition deal, also invited competitors and “interested third parties” to submit comments and observations on what it should do next. This move allows rivals to openly object to the deal, in what could be an anti-competitive matter.

But shares in Google fell nearly 4 percent at market close yesterday after poor expected financial results reflected on the company’s bid to acquire the smartphone maker.

Google will be able to benefit in future patent litigation, as the search giant will acquire one of the largest patent portfolios in the telecommunications industry.

Motorola did not immediately respond to requests for comment.

Image source: Flickr.

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Topics

Zack Whittaker, a criminologist who studied at the University of Kent, Canterbury, is a journalist, writer and broadcaster.

Disclosure

Zack Whittaker

I worked briefly with Microsoft UK in 2006 but no longer have any connection with the company. Regardless, I remain impartial and unbiased in my views.

I don't hold any stock or shares, investments or industrial secrets in any company, but have signed confidentiality agreements with a number of UK and U.S. organisations, whose names I am not at liberty to disclose.

I was involved with Kent Union, the University of Kent's student union, undertaking voluntary, non-salaried, elected positions between early 2009 and mid-2010.

No other company, body, government department, non-governmental organisation or third sector organisation employs me or pays me a salary in any capacity whatsoever.

As a freelance journalist, whenever expenses are given and taken by a company that is not CBS Interactive, these will be disclosed in each relevant post to ensure transparency.

I currently work with a UK law enforcement unit. Details of which are restricted, but this is an entirely separate position which bears no connection to other work.

(Updated: 23rd October 2011)

Biography

Zack Whittaker

Zack Whittaker, criminologist who studied at the University of Kent, UK, is a journalist, writer and broadcaster.

After studying criminology at university, though still in his early-20's, he has already had a series unconventional work and voluntary positions. He has worked with researchers studying neurological illnesses like Tourette's syndrome (which he suffers from), has given lectures on the nature of disabilities in the public community, and occasionally ends up speaking on television and radio discussing the events of the day.

He first had academic work published at the age of 22, then still an undergraduate, and has been cited by a wide range of publications: from the Huffington Post, Business Insider, AllThingsDigital, The Atlantic Wire and CBS News.

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Garyc......you missed the point on more than one occasion
xuniL_z 17th Jan
what planet you living on dude ???? CES was dominated by Android and Linux,

I suppose if you were only looking at a particular segment of the "CE" industry. CES has the latest and greatest but does not represent the industry as a whole. Would you bet that there are more Android devices than all other CE products in the industry? While it's true to some devices use Linux, like the Wii for example I believe uses Linux (not postive) but I know that it is also proprietary so therefore is not opensource) Same with all game platforms. I believe game platforms alone are ahead of Android devices at this point in time, not to mention the myriad other CE products around the world that have nothing to do with Google nor OSS. Show me total industry numbers if you are going to toot your horn that loud, just like I asked your pal Linux Geek to do, and of course he didn't.

and lol @ buggiest os ever.............sorry but that crown goes to Microsoft........unfortunately its not all funny.
This is far too subjective and I did not go to your link, as I see you are a zealot because any true professional with an open mind woudl not go near the "bash Microsoft at all costs, including journalistic integrity" The Register. I will not go to site that is most like contaminated with adware let alone their one sided opinions and lack of anything called "news". I trust them probably less then You trust a Microsoft Press release.
Windows was created in a time prior to internet ubiquity (which Windows caused, thankfully, or again we'd be 10 years behind now..see my other post for why) and was developed with the developer in mind, to be a highly productive system and that it was. It was not designed to be internet secure. But MS has come a long way and NT 6x is as secure as Linux or OS X. That comes from places like Ars Technia and the security industry and plays out at pwn2own every year. Android is supposed to be secure, yet honeycomb was a disasterous piece of software filled with bugs, true bugs, not just needed updates to get internet secure.

Dan said that Windows and OS X are both from BSD and therefore "second" gen OSes, and he then stated why not use the original. That would be Unix. But I doubt Dan is using Unix. My point was that Linux is just as much second Gen as Windows or OS X.

Now everyone can see clearly that open source is an epic fail.............thats not even worthy of reply............you are just showing your ignorance man.

If you say so, man. But I would not bet WP7 and beyond out. The big players are making new phones for WP7 and the hell called "fragmentation" occurring in the Android market (I didn't just make that up, you know?) is driving a number of devs to write for WP7.
Between honeycomb and the natural fragmentation, that I've been predicting would happen for years (for a different reason, i made that prediction when there were many flavors of Linux out there with basically equal support, but the OSS crowd, who are supposedly so loyal are jumping ship like rats to get to Android or Ubuntu. How dare you say these people and the technology is any better than windows and its' base?
You are the one that is turning a blind eye after years of spouting about choice and all of that nonsense.

Thanks.
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I'm sure that
The Linux Geek 10th Jan
the British will stand up an fight this frivolous lawsuit brought by M$ against innovation.
@The Linux Geek
Why do you just post troll garbage? Seriously.
$Google$ has innovation? What, they have their own OS? Oh wait, no they only have Linux derivatives that have either been the buggiest OS ever released upon mankind (honeycomb) or created the biggest and worst case of fragmentation to ever hit the market. Now everyone can see clearly that open source is an epic fail, except for maybe free utilities and generic tools. I love open source for that, but I use a real OS for doing work, thank you.
Ummm, since Apple is now worth more than MS, you might want to figure out a cute little thing like O$ X.
@xuniL_z
stop posting M$ talking points and ask yourself why Android is the leader in the CE space.
@xuniL_z So you decide what tech is best based on the company making the most profit ?
@xuniL_z
both apple and MS used hugely twice free BSD (free like in freedom and free like in a free drink) to make their OSes, and sell others work to hoard heaps of billions $ ; better to favor originals than copies....
dan
  • Flagged
@xuniL_z We all know, that you are the f... troll!!

Google is much more innovative than Micro$oft, Google is the only main competitor to M$ and so Google must be supportet. Be glad, that we have Google, stopping Micro$oft to overtake the browser, the internet or the Cloud !!! First think, than post .....
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Linux Geek, you will never learn to do research before you make a blanket statement.....the entire CE space eh? Care to back that up with data?

radleym, of course I don't, I don't use Apple products, the wealthiest compan in the market. And I don't buy into Google products because they make billions (with the impact of youtube ads still not full realized) from running ads on the internet they are starting to monopolize. The same net they have conquered on the back of MS Windows. No Windows, no Google search, no Google. Same with Apple. No iTunes for Windows, No ipod/iphone/itouch market. Any other questions?

Dan-r, does that mean you are a Unix user? Which Unix do you run on your desktop? Or are you admitting that Linus and Stallman both had copies of Unix and Minix when they wrote their respective pieces of Linux? Otherwise, Linux is 2nd Gen too, my friend. And if the former is true, I think someone has some splainin to do.

Watchman247. Yeh, the competition is ok, but Google gives me the creeps. I've never seen a company, not even Apple sir, so money hungry. And read above to note Google had to use Windows as the platform from which, to this day, they still make their billions in ads. Isn't that ironic. I really don't think their ad revenue and wealth in total from Android devices is even more than .01% of their total profits to date. And running to the DoJ about MS constantly, then the open source zealots scream bloody murder when MS turns around wtih a legitimate complaint. You do know they'll have to introduce evidence of the patents in court, right sir? Google was always running to the DoJ just complaining and filing Anti compettitive behavior suits when MS was not even in their market space and they were getting a free ride on Windows at the same time!! Nothing that whiney and crooked flies with me. Bill Gates and gang, no matter what they did or didn't do (and the fact they equipped the entire world with PCs is a GREAT thing. Tell me who else had the model to do that during the 90s? Apple? Really?, at 5000.00 for a Mac. Right. So who? Linux was not even ready for anything until the last 6 years. If MS had not used their model, when they did, the ubiquity of PCs would be at least 10, if not 20 years behind. Prove that wrong sir.
@xuniL_z : Don't put a copyright on "O$ X". OK? happy
@xuniL_z

what planet you living on dude ???? CES was dominated by Android and Linux, and lol @ buggiest os ever.............sorry but that crown goes to Microsoft........unfortunately its not all funny.

http://www.theregister.co.uk/2012/01/12/drone_consoles_linux_switch/

What is osx based on ? BSD, surely not unix ??

Now everyone can see clearly that open source is an epic fail.............thats not even worthy of reply............you are just showing your ignorance man.
what planet you living on dude ???? CES was dominated by Android and Linux,

I suppose if you were only looking at a particular segment of the "CE" industry. CES has the latest and greatest but does not represent the industry as a whole. Would you bet that there are more Android devices than all other CE products in the industry? While it's true to some devices use Linux, like the Wii for example I believe uses Linux (not postive) but I know that it is also proprietary so therefore is not opensource) Same with all game platforms. I believe game platforms alone are ahead of Android devices at this point in time, not to mention the myriad other CE products around the world that have nothing to do with Google nor OSS. Show me total industry numbers if you are going to toot your horn that loud, just like I asked your pal Linux Geek to do, and of course he didn't.

and lol @ buggiest os ever.............sorry but that crown goes to Microsoft........unfortunately its not all funny.
This is far too subjective and I did not go to your link, as I see you are a zealot because any true professional with an open mind woudl not go near the "bash Microsoft at all costs, including journalistic integrity" The Register. I will not go to site that is most like contaminated with adware let alone their one sided opinions and lack of anything called "news". I trust them probably less then You trust a Microsoft Press release.
Windows was created in a time prior to internet ubiquity (which Windows caused, thankfully, or again we'd be 10 years behind now..see my other post for why) and was developed with the developer in mind, to be a highly productive system and that it was. It was not designed to be internet secure. But MS has come a long way and NT 6x is as secure as Linux or OS X. That comes from places like Ars Technia and the security industry and plays out at pwn2own every year. Android is supposed to be secure, yet honeycomb was a disasterous piece of software filled with bugs, true bugs, not just needed updates to get internet secure.

Dan said that Windows and OS X are both from BSD and therefore "second" gen OSes, and he then stated why not use the original. That would be Unix. But I doubt Dan is using Unix. My point was that Linux is just as much second Gen as Windows or OS X.

Now everyone can see clearly that open source is an epic fail.............thats not even worthy of reply............you are just showing your ignorance man.

If you say so, man. But I would not bet WP7 and beyond out. The big players are making new phones for WP7 and the hell called "fragmentation" occurring in the Android market (I didn't just make that up, you know?) is driving a number of devs to write for WP7.
Between honeycomb and the natural fragmentation, that I've been predicting would happen for years (for a different reason, i made that prediction when there were many flavors of Linux out there with basically equal support, but the OSS crowd, who are supposedly so loyal are jumping ship like rats to get to Android or Ubuntu. How dare you say these people and the technology is any better than windows and its' base?
You are the one that is turning a blind eye after years of spouting about choice and all of that nonsense.

Thanks.
@The Linux Geek

Only if it is frivolous... and it seems more and more likely that Google adopted a policy of "ask for forgiveness instead of permission" when developing Android.
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@eak2000
that's FUD spread by the axis of evil software: M$, Apple & Oracle!
See for yourself from a trusted source: http://techrights.org/2012/01/10/war-on-android/
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You are clueless. A site that actually prints M$ each and every time, has the journalistic ethics of a North Korean newspaper.
Stop pasting in your crap links to contaminated sites filled with fantasy and things that only a loser like you could get excited about.
@The Linux Geek : Get a life. Must be fun going around as a biased individual. Must be one of Tea Party right wing morons.
I hope that all of the MS-lovng anti-Apple ranters go and hide in the corner!
@Habiloso - Hold on there, Hoss.

You want all Microsoft loving, APPLE haters to go hide in a corner because Microsoft is sueing Motorola - a non-Apple hardware company - over an alleged patent infringement?

Do you think before you reply?
@bitcrazed
I can see you use IE.
@bitcrazed

Clearly, unlike you, I do think before I post. When Apple started suing over patent infringements, the MS-loving Apple-hating ranters were very vocal. Now, it's time for them to shut-up and hide in their corner.

EDIT:
And here is another article for the MS-loving Apple-hating ranters to choke on:

http://www.zdnet.com/blog/asia/chinese-workers-threaten-suicide-at-foxconn-not-8216why-but-8216is-enough-being-done/681?tag=mantle_skin;content

or

http://www.smh.com.au/digital-life/games/xbox-workers-threaten-mass-suicide-20120111-1pudj.html
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Well kirovs@...
William Farrel 10th Jan
@kirovs@...
we can see what you don't use. wink
@Habiloso MS have been licensing their patents to Android manufacturers for a while now, they aren't seeking to put these companies out of business by getting their products banned from sale.

They are saying, that Android infringes on their IP and they would like to be compensated for it, which is a much more reasonable attitude than Apple.

If the patents are invalid, then let the Android community prove that and then they won't have to pay MS to use their technology. As it is, most have signed deals already - although most of them are long-standing MS customers anyway, like Samsung and htc, which were making Windows smartphones long before Android came along.

Just because a product is released under an open source licence doesn't mean it can ignore the law and infringe on the rights of others.

I'm not a software and process patent fan, but as long as the patents exist (and some of the patents MS alleges are being infringed are at least partially hardware related, not just software or process patents).
@wright_is

"They are saying, that Android infringes on their IP and they would like to be compensated for it, which is a much more reasonable attitude than Apple."

That may be your opinion, but if Android does in fact infringe upon Apple's IP, then Apple is entitled to seek bans if that's their desire. The "P" stands for property, meaning Apple can choose to do with it what they want (assuming it's truly their property in the first place). They shouldn't have to license it just because it's more agreeable and convenient for the Android community and/or you.

That of course is if Android and/or its OEMs did truly infringe upon Apple's IP. But I'll wait for the courts to decide that rather than rely upon the opinions of all the IP experts (in their own minds) here on ZDNet.
@piousmonk The biggest problem I have with software patents is that most of them, especially those which seem to be coming up in the smartphone area at the moment seem to be based on common usage.

I look at the descriptions of the patents and think, "hmm, we were doing that back in the 80s, how on Earth did they get a patent?"

It seems, that if you take a commonly used concept and add the word "mobile" to it, you can re-patent it.
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They can't -
William Farrel 10th Jan
@Habiloso
it seems that all the Apple loving, anti-MS people are already hiding in the corners.

It's not like there's any room there or anything.
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What the heck?
Michael Alan Goff 10th Jan
I hate these stupid lawsuits. I hated it when Apple did it, when Samsung did it, and Microsoft is just proving that they're equally dumb.
@Michael Alan Goff

+1
@Michael Alan Goff

What it's really about is that M$ has become a bit player in the most lucrative market of the day. They don't like that, and the fact that everything they have tried to push has been...not well received. They continue to push crap, we don't want it and they are trying to remain in the game by suing the ones who ARE in the game. Make sense now?
@timspublic1@...
Kodak is about to embark along the same path. They're going broke and the only way to survive is to sue others.
@timspublic1@...

Microsoft has become a bit player?

BWAHAHAHA
@Michael Alan Goff,

Yes, Microsoft has become a bit player. These are fast-changing times. Did you blink?
@BIGELLOW

Yes, yes, bit players have world-record OS sales.

Please, put down whatever drug you're taking.
@timspublic1@... Apple.....anyone??
0 Votes
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timspubic1@
xuniL_z 12th Jan
@timspublic1@... After Apple and Google have sued the hell out of everyone, big and tiny, around the globe, you have the lack of intelligence to post this?
Apple is fighting for it's life, but going after HTC and the smaller guys. Google has taken every company name around the globe that even sounds like Google with their army of lawyers and unlimited cash...get it now man?
Let's see, the Kinect has the distinction of the fastest selling CE product ever, in the world. nice.
HTC Titan II? AT&T.....Windows Phone 7 is starting to show up on world class devices and it's only the beginning.
And you forget, MS owned the mobile market and it was Apple and Google that couldn't stand that. Google kept filing complaint after complaint against MS and doing everything it could unethically to keep them off guard because their 11 year old prediction of MS "under a glass case" has not even remotely come true. In fact, the MS cloud is the winner in the enterprise and MS will hold onto the most lucrative market there, while the make their way back into the CE scene.
Companies tend to try and go after hot markets, you seeming to think this is unique to MS shows a bias so clear and wide you might just as well call yourself Linux Geek and mumble a few lines about M$ M$...
When you are unable to innovate you can always use low quality patents to extract money thru litigations, since you have billions $ to hijack creative competition. How sad.
dan
When you are unable to innovate you can always use low quality patents to extract money thru litigations, since you have billions $ to hijack creative competition. How sad.
dan
To MS over the years. Large targets draw the grubs of the world out for a quick buck.
MS has every right to defend it's IP, as ALL companies do and we'll see in court if their claim holds water, won't we? Why would speculate on a practice that Apple and Google have perfected in the last decade, in this one case of Microsoft's? I don't see you posting every time Google or Apple does this.
In fact, Google is paying how many Billion to get Motorola Mobility, Just for the Patents. Wow, you only see things in one dimension, don't you? How sad.
I notice Google was not willing to release documents about Android. So in your world, if it were MS doing that, they must have something to hide, right?
How pathetically sad.
When you are unable to innovate you can always use low quality patents to extract money thru litigations, since you have billions $ to hijack creative competition. How sad.
dan
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It is repeating your entries.
LOL.
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Microsoft still ruthless
root12 11th Jan
Apple gets high negative publicity for there patent lawsuit. Microsoft is many times more ruthless in destroying competition by any and all means, yet tech gives Microsoft an easy pass.
Microsoft did this with Windows to achieve a monopoly which resulted in hardly no innovation in the PC space for over 10 years. I hope Microsoft doesn't end up with the same level of dominance in the mobile space.
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@root12, As a Windows user, I really don't care if you hate it, spit on it, and throw as many copies of windows you can find in the garbage. I don't care about your philosphies and your view on economics.
But if you are going to post, at least try and explain yourself.
I personally don't see anyone that MS kicked to curb in the 80s or 90s that could have possibly created the infrastructure of PCs, over a billion strong, worldwide. This has been a BOON for so many companies and innovation and the creation of millions of jobs worldwide, that has given people better lives and kept people employed rather than destitute and the subjective ABM posts like yours seem to consider nothing other than your own zealot level hatred of MS.
MS was owned by IBM in the 80s. The only thing MS held was a copyright on the OS IBM purposely hired them to write.
Then IBM tried to create a PC market filled with Lock in. did you know that? Their hardware used proprietary technologies and you had to rely on IBM for everything. Just like Apple, who was peddling Macintoch computers for 3000.00 or so. Who could have afforded that? Please answer that?
IBM with their microchannel technology that went nowhere (thanks to MS) and their high pricing would have created a PC marketplace for only those with plenty of money. It never ceases to amaze me because MS was like the savior of the public from IBM at that time and created a market of cheap PCs that were compatible with IBM and had the largest software catalog. Seems the current ABM crowd should ahve been singing their praises over that.
But they hate whoever it is that stands in the way of their own zealotry with no objective thought involved.
The PC clones took the market by storm and even a struggling single Mom could get a PC for the kids, something that would not have happened with IBM not Apple. (still doesn't with Apple or IBM and it's funny the IBM computer business sold and owned by Lenovo now recommends and loads Windows.
Windows was the poor man's way to get a full multi-tasking GUI OS and there was nobody else poised to deliver that in the 90s.
Torvalds released the Linux kernel in the early 90s and not until 2008 or so did they have something viable for the public and many still shun it due to unneeded complexity. Windows strikes a perfect balance between full OS control as Apple does with OS X and open source.
The ipod, iphone, ipad, Google search, Google Android devices, ANYTHING Google would not have happened as soon as it did, without the Windows infrastructure to run on top of. If Apple had not had Windows to create an itunes version for, the ipod would have been a very modest selling device and there probably never would have been an ipad, and if so, only for the Rich. If Apple had controlled the market, only the elite would have devices.
Show me one time before the mid 2000s that Apple even tried to compete with PCs, and even then only the higher end buyers, never the low income folks of our great nation and the world.
Gate provided that and now he's putting his time and energy and money into helping to feed the world. The aholes that have had the audacity to make claims of "evil" behind the Gates' foundation are black hearted little people with no life.
The innovation of Google and Apple and thousands of other companies have come on the back of Windows. As linux and OS X proves, all 3 OSes are about the same quality if you are intelligent enough to realize that and see that for yourself, in reality. So what innovation was stifled? None, correct, so please stop with the FUD and deceit. OS technology is farther now than it would have been w/o Windows. It has driven companies like Google and Apple to do make the best they can and they are still no better than NT 6.
Try and appreciate all of the wonderful technology that has risen from a man with a vision to allow EVERY person to own a PC of their own, and not just the elite like Apple and IBM and SUN and others.
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Hardware patent?
ben.rattigan 13th Jan
This would either have to be a hardware patent infringement of software copyright issue. Software patenting is not possible in the UK. Maybe MS is trying to set some sort of legal precedence here.

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