Patent Infringement Suits: Microsoft Is At It Again

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published March 24, 2011

By Author - LawCrossing

03/24/11

And this isn't Microsoft's first time at the rodeo - in 2010, Microsoft filed a lawsuit against Motorola Mobility Holdings Inc. over its Android phone handsets, claiming infringement of nine Microsoft patents - a case for which Microsoft was criticized in the blogosphere. In the October 3rd wsj.com article, ''Microsoft Sues Motorola Over Android'', Mark Kesslen, a patent lawyer at Lowenstein Sandler, was quoted as saying about the case: ''It's clearly an aggressive posture. My gut feeling is Microsoft is losing the handheld wars and they're using their patent portfolio to get some of it back.''

In the case of Microsoft Corporation v. Barnes & Noble, Inc. et al, insert ''e-reader'' for ''handheld''?

For anyone not up to speed on the latest technology, an Android phone is one using the Android operating system and platform, which Google developed. One of the major differences between a phone utilizing the Android platform and others is that Android runs on a complex operating system, while many cellphones use less sophisticated, real time applications. In addition, an Android phone can run multiple applications at once in the background, facilitating multitasking. And, the Nook is an electronic reader to which users can download over 2 million books.

In the March 22nd vancouversun.com article, ''Microsoft sues Barnes & Noble over Nook Reader'', Horacio Gutierrez, corporate vice president and deputy general counsel of Intellectual Property and Licensing at Microsoft was quoted as saying: ''We have tried for over a year to reach licensing agreements with Barnes & Noble, Foxconn and Inventec. Their refusals to take licenses leave us no choice but to bring legal action to defend our innovations.'' Foxconn International Holdings Ltd. and Inventec Corporation both manufacture parts of the Nook.

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In the March 21st internetnews.com article, ''Microsoft Takes Legal Aim at Android Devices'', Gutierrez was also quoted as having said: ''The Android platform infringes a number of Microsoft's patents, and companies manufacturing and shipping Android devices must respect our intellectual property rights.''

However, Google begs to differ. In a statement sent to InternetNews.com, the company was quoted as saying: ''Sweeping software patent claims like Microsoft's threaten innovation. While we are not a party to this lawsuit, we stand behind the Android platform and the partners who have helped us to develop it.''

Microsoft claims the Nook e-readers infringe upon five Microsoft patents. These patents cover a variety of items, including the manner in which the e-readers display retrieved images, edit electronic documents and render annotations.

Let the games begin. Again.
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