Microsoft to Motorola: We really want to be friends

Microsoft and Motorola have been battling over patent licenses in two countries, the United States and Germany. In the US, 18 Motorola Android-based devices are currently banned from being shipped into the US, thanks to an ITC decision that ruled those products use ActiveSync patents owned by Microsoft.

More recently, a judge in Germany banned the sale of Android-based Motorola phones in that part of the world, with the judge agreeing with Microsoft that the devices were in violation of a File Allocation Table (FAT) patent owned by Microsoft.

Today, in a new Microsoft blog post, two of the company's top legal executives, Brad Smith and Horacio Gutierrez, said that Microsoft truly wants to talk to Motorola, now owned by Google. The blog states:

Microsoft has always been, and remains open to, a settlement of our patent litigation with Motorola. As we have said before, 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. And we stand ready to pay reasonable compensation for Motorola’s patented intellectual property as well.

That doesn't mean Microsoft is going to lay over for Motorola. The blog post said that all patent legal fights must end, accusing Motorola of "cherry picking” one part of their disputes while keeping the rest active. All patent payments must also be in accordance with current market rates, according to Microsoft.

The blog post ends with Microsoft saying:

This particular litigation now stands at a crossroads. With its phones and tablets now subject to injunctions in the U.S. and Germany, Google can no longer doubt the relevance of Microsoft’s patent portfolio to Motorola’s products. Google can take one of two paths: it can choose either to engage in serious discussions to search for patent peace or persevere in its diversionary tactics. We hope it will choose the first course, and we stand ready to engage in good faith if it does.

Source: Microsoft blog

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17 Comments

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Google and Motorola (and lets face it it's really just Google pulling the strings) are trying to have a fight over something that they stole and didn't want to pay for when they were called on it. The reason the judge in Germany did not question the validity of the patent is because that was not the cause being brought to the court. The judgement scope was to identify whether a patent currently owned by Microsoft was used without payment.

If the validity of the patent itself needs to be challanged that needs to be brought as another action as it does not fall into the remit of the case being judged. I don't know for sure but I suspect more is being spent on this proceeding (and the subsequent actions) than Googorola standads to loose if they just settled.

MS are happy to pay FRAND for the patents used in the Xbox etc but the other party appear litigous and I suspect will not budge.

If they loose the case they only have themselves to blame.

as147 said,

MS are happy to pay FRAND for the patents used in the Xbox etc but the other party appear litigous and I suspect will not budge.

Microsoft wants to charge Motorola (and by extension, every other Linux/Android company) high fees ($15-20 per device) for their untested in court patents, while at the same time paying a pittance to Motorola for its x.264 patents ($0.02 per device). Microsoft wants to have its cake and eat it too.

So no, we're not buying the "But Microsoft only wants a fair recompense for their property (charge what they like) and to licence other companies' patents under FRAND (cheap) status" argument.

simplezz said,

Microsoft wants to charge Motorola (and by extension, every other Linux/Android company) high fees ($15-20 per device) for their untested in court patents, while at the same time paying a pittance to Motorola for its x.264 patents ($0.02 per device). Microsoft wants to have its cake and eat it too.

So no, we're not buying the "But Microsoft only wants a fair recompense for their property (charge what they like) and to licence other companies' patents under FRAND (cheap) status" argument.


Do you know the market standard price of x.264? Do you know the market standard price of Microsoft patent? NO? Then please research first and post with FACTS. The keyword here is "Market value".

this is hilarious. microsoft finally dropped the activesync bomb on them. google is going to be paying microsoft for android directly. better start puckering them up boys

Motorola and Google will ultimately get whats coming to them. Their product is getting banned and the only people it hurts is their own customers and really neither of them give a **** about the people that are making them rich.

Never give in to bullies. I hope Motorola and Google stick it out and take these cases all the way to a jury trial, then we'll see how well Microsoft's patents stand up.

Suggesting Microsoft's FAT patents are valid just because a judge in Germany issues an injunction is disingenuous. For one thing, the injunctions are granted there without even questioning the validity of said patents. That's done separately.

If the only thing Microsoft has on Android is the fact that it can communicate with exchange servers (so called ActiveSync), then that's pretty sad. Network protocols should be open and patent free.

As far as the article, well of course Microsoft wants to settle before its patents are really put to the test. Furthermore, they don't want their XBox and Windows products banned that use Motorola patents. No one's falling for your schemes Microsoft. Motorola has Google backing them now, good luck trying to win a war of attrition there.

simplezz said,
Never give in to bullies. I hope Motorola and Google stick it out and take these cases all the way to a jury trial, then we'll see how well Microsoft's patents stand up.

Suggesting Microsoft's FAT patents are valid just because a judge in Germany issues an injunction is disingenuous. For one thing, the injunctions are granted there without even questioning the validity of said patents. That's done separately.

If the only thing Microsoft has on Android is the fact that it can communicate with exchange servers (so called ActiveSync), then that's pretty sad. Network protocols should be open and patent free.

As far as the article, well of course Microsoft wants to settle before its patents are really put to the test. Furthermore, they don't want their XBox and Windows products banned that use Motorola patents. No one's falling for your schemes Microsoft. Motorola has Google backing them now, good luck trying to win a war of attrition there.

Motorola and Google are the ones at fault here, not Microsoft, All Microsoft want is a fair price for using patents that they own and they want to be charged a fair price for patents they use from other companies, but Motorola want to extort higher prices from Microsoft than they do with other companies, so google and Motorola can go **** off

aviator189 said,
I just hope this thing between them ends soon. bad for consumers and everyone affected.

It won't end until Microsoft stops extorting Android OEM's. Sometimes bullies must be taught a lesson. Microsoft started all this, and now it wants a quick exit. But that's not going to happen this time. Get the popcorn guys, this is going to be fun

simplezz said,

It won't end until Microsoft stops extorting Android OEM's. Sometimes bullies must be taught a lesson. Microsoft started all this, and now it wants a quick exit. But that's not going to happen this time. Get the popcorn guys, this is going to be fun

Strange because I see bullies as people that steal things but wont accept the consequences when they get caught..

Lachlan said,

Strange because I see bullies as people that steal things but wont accept the consequences when they get caught..


bul·ly/
Noun:

A person who uses strength or power to harm or intimidate those who are weaker.

Verb:
Use superior strength or influence to intimidate (someone), typically to force him or her to do what one wants.

I think you need to revisit your dictionary. And someone can't steal something that never belonged to the other party n the first place, as is the case with FAT long/short file name support.

simplezz said,

I think you need to revisit your dictionary. And someone can't steal something that never belonged to the other party n the first place, as is the case with FAT long/short file name support.

Under our current legal system, the law determines ownership of patents. Until the legal system is changed, the ownership of a technology patent rests with that entity which patented it. So in my opinion, the thief is at fault (i.e., whoever illegally uses a patented method or technology) and should face the consequences.

I'm not saying I agree with the ability to patent certain methods, aspects, or application of a technology; but that's the law.

simplezz said,

It won't end until Microsoft stops extorting Android OEM's. Sometimes bullies must be taught a lesson. Microsoft started all this, and now it wants a quick exit. But that's not going to happen this time. Get the popcorn guys, this is going to be fun

Like I've always said, you're an i*iot. Microsoft is not extorting Google in any way, they are just getting whats theirs in the first place. Can you be more of an fanboy? Really?

simplezz said,

It won't end until Microsoft stops extorting Android OEM's. Sometimes bullies must be taught a lesson. Microsoft started all this, and now it wants a quick exit. But that's not going to happen this time. Get the popcorn guys, this is going to be fun

when i first read the comment i was like WTF!!
then i saw its simplezz

GreenOwner said,
I guess they will never be friends! :-)
hahah yeah Google and Microsoft have never liked each other, at all and it seams at the moments that it's Apple and Microsoft vs Google They may not like each other but settling patent disputes will hopefully stop the parasitic lawyers getting stupid amount of money for working on these cases.