SOFTWARE DEVELOPER Microsoft has filed a lawsuit against three firms involved in the sale and manufacture of Barnes & Noble's Android based Nook tablet.
Microsoft filed a lawsuit with the International Trade Commission and the US District Court for the Western District of Washington fingering Barnes & Noble, Foxconn and Inventec, alleging patent infringements in their "Android-based e-reader and tablet devices" marketed under the Barnes & Noble brand.
Although Microsoft is naming the firms behind the popular Nook tablet, it is really taking a shot at Google's Android operating system. Horacio Gutierrez, a man who probably has the longest job title at Microsoft, being the corporate vice president and deputy general counsel for intellectual property and licensing said, "The Android platform infringes a number of Microsoft's patents, and companies manufacturing and shipping Android devices must respect our intellectual property rights. To facilitate that we have established an industry-wide patent licensing program for Android device manufacturers."
Microsoft is claiming that the three companies named infringe its patents with "a range of functionality embodied in Android devices that are essential to the user experience". Microsoft went into considerable detail by saying the alleged patent infringements include "natural ways of interacting with devices by tabbing through various screens to find the information they need, surfing the Web more quickly, and interacting with documents and e-books".
Gutierrez cited HTC as one of the manufacturers that had licensed Microsoft's technology in its Android smartphones. It is not surprising that Microsoft chose to mention HTC as the firms have always stuck by each other, even though HTC has enjoyed considerable success with its Android smartphones.
Microsoft has repeatedly claimed that Google's Android operating system is not free and that firms have to spend money to customise the operating system. It has also said that one of the big selling points of its Windows Phone 7 operating system is the licensing fee it charges, which it claims protects firms from patent infringement issues.
If, as Microsoft claims, Android infringes its patents, why isn't Microsoft taking on Google directly? While Google is very large firm with significant resources, Barnes & Noble, Foxconn and Inventec are large enough to afford some pretty expensive lawyers, too.
It could be that Microsoft is simply using this lawsuit to test the waters, before moving on to other firms. Device manufacturers will be looking on with interest to see how the three defendants in this lawsuit fare against Microsoft. µ
Tags: Microsoft
Microsoft's practices are straight from the Al Capone school of business. You take on small fry who will cave in and pay your protection money.
The last thing you want if you are running a protection racket of this type is to tangle with a large company like Google who actually owns all the intellectual property to the product you are trying to make protection money off. That will end up in court - the last thing any self respecting racketeer wants.
In one breath, Microsoft are having a go at Apple for trying to patent the term "App Store", while in another, they're suing folks for infringing a patent on "surfing the Web more quickly".
And people are saying that Microsoft have changed their ways?
I think this is yet another Frivolous lawsuit. Microsoft is now going to have to sue all "Android" gadgets such as the Notion Ink Adam which will be running Android. You have to go after everyone or nothing, MS can't pick and choose who they are going to sue. How exactly is the infringement?
This is going to go sour for Microsoft, in the people's eye....
Microsoft picked Barnes and Noble because if it started picking on HTC or Samsung, they would be likely to drop support for Windows Phone 7. Barnes and Noble probably doesn't have an existing MS relationship.
The Non-Sacred useage of F.U.D. taken to another LOW. It happens whenever this company feels threatened. They even went up against IBM once till IBM showed them that they ( IBM) had even patented the way the cursor goes to the top of the next page.. THEN M$ hunkered back into their respective corner. MS phone 7 is lacking in finesse. AND aps. NOTHING M$ has now can stop the Juggernaut known as Android. So M$ resorts to THIS. And forget about " WE ARE ONLY PROTECTING WHAT IS OURS." Your legal dept went out and BOUGHT patents off struggling companies. ( OR helped push them into default) SHAME!! SHANE!!
Thankyou for using Microsoft instead of the childish term that is overused on this site.
Yes I believe you are right this would be Microsoft testing the waters before going after bigger fish. The bigger question is will Google intervene?