patents

Motorola Android handsets banned from the US due to infringing Microsoft patent

May 18, 2012 | By Surur

It seems Motorola’s gamble did not pay off. While most Android OEMs decided to pay Microsoft’s Android patent license fee, Motorola decided to take their chances in court.

Now the ITC has confirmed Motorola infringes on Microsoft’s four patents for scheduling meetings over email using a mobile device.

The decision affect all Motorola’s Android handsets, and the ITC has issued an exclusion order to ban Motorola’s offending devices from importation into the US.

Microsoft has issued a statement saying:

Microsoft sued Motorola in the ITC only after Motorola chose to refuse Microsoft’s efforts to renew a patent license for well over a year. We’re pleased the full Commission agreed that Motorola has infringed Microsoft’s intellectual property, and we hope that now Motorola will be willing to join the vast majority of Android device makers selling phones in the US by taking a license to our patents.

– David Howard, corporate vice president and deputy general counsel Microsoft

The decision may still be overturned by a Presidential Review, but we suspect Motorola (and therefore very soon Google) will soon become a Microsoft Licensee.

Via Engadget.com

Thanks Milad for the tip.

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Microsoft applies for App Migration utility

May 17, 2012 | By Surur

It seems Microsoft has been thinking for a long time about the conundrum users encounter when moving to a new platform – which are the good apps on their new platform, and do replacements for their current ones even exist.

In a November 2010 patent application Microsoft describes a service which would analyse the apps on your Android device for example, and then find the same apps (if the cross-platform version exists) and install them all at the same time, and if the same app does not exist offer known alternatives.

If no alternative exists the service would keep a record, and notify the user when this app does become available.

The service would even attempt to migrate the app data from the Android app to the Windows Phone app, though of course this is much easier said than done.

The service could also be used for promotional purposes, to demonstrate to users on other platforms that alternatives to their apps do in fact exist on Windows Phone, and if they do not, notify them if the blocking app does become available.

With Windows Phone marketplace soon reaching the 100,000 milestone, the likelihood of app alternatives existing for Android and iOS apps is increasing exponentially, and a service like this, if it could be implemented, would make it clear concerns about the absence of apps are largely unfounded.

Via Unwiredview.com

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HTC One X and HTC Evo 4G LTE customs blockade an opportunity for Windows Phone

May 16, 2012 | By Surur

The HTC One X has been blocked from importation into the USA by US Customs, after a finding of patent infringement in favour of Apple by US courts.

The handset is currently out of stock at AT&T, and will likely remain that way at least in the short term.

Given the situation, which was of course not caused by Microsoft, who is more than happy to license its patents (unlike Apple) it does present a double opportunity for Windows Phone 7 handsets in the country.

Firstly, obviously devices which are actually on the shelves are more likely to be sold than smartphones which are not available at all. AT&T can also obviously not promote a handset they do not have to sell, leaving more scope for the Nokia Lumia 900.

The second one is somewhat less obvious, but even more important – as HTC also makes Windows Phones, which are not affected by the ban, one of the few alternatives left for HTC US it to increase their promotion of their Windows Phone 7 handsets, like the HTC Titan II and HTC Radar, which would of course be somewhat of a turn around for the company.

Do our readers think this incident will result in a resurgence of HTC’s Windows Phones in US? Let us know below.

Via The Verge.com

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European Patent Office Invalidates IPCom 3G Patent, Nokia And HTC Should Be Happy

April 26, 2012 | By Pradeep

Its a good news for Nokia, HTC and other companies. European Patent Office ruled that IPCom’s patent in question is invalid in its current form. IPCom which owns several telephony related patents bought from Bosch’s mobile telephony patent portfolio sued Nokia, HTC and others on patents regarding mobile devices connecting to Internet. Even last week, a regional court in Mannheim, Germany, found that Nokia had violated IPCom’s patents. Since, those patents are now invalidated by European Patent Office, Nokia, HTC and others enjoy a interim success until IPCom makes its next move.

via: Reuters

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Microsoft files patent for dual display phone

April 21, 2012 | By Surur

Microsoft has filed a patent for a dual display phone. While there are many other dual display phones already, what sets Microsoft’s application apart is that it would use as much of the back surface of the phone as possible, including even curling over the sides, and would ideally use a low-powered display, like e-ink, which would allow the device to display information which does not change very frequently, like the date and time, or Microsoft suggests possible device logos or tattoos.

They even suggest a novel application – when taking a photo of a person, the backside display of the camera could be set to provide a visual countdown so that the person knows when to freeze that smile: 3-2-1 will appear on the back display and then snap.

See Nokia’s much more exciting vision of a full a full touch, all display device after the break.

Continue reading →

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Microsoft wins case to prevent Motorola injunction

April 12, 2012 | By Surur

Motorola is demanding massive royalties from Microsoft for using 50 of its patents used in the H.264 video standard. Motorola is demanding up to $22.50 on every midrange laptop using the video standard while Microsoft is paying only 2c to a group of 29 companies for a pool of 2,300 patents, and have taken Microsoft to court for this.

Microsoft is therefore it seems pretty fairly accusing Motorola of abuse of the Fair and Reasonable and Non-Discriminatory licensing of essential patents, and has today won a ruling by a Seattle judge preventing Motorola from requesting an injunction against Microsoft products being shipped until the court has decided whether Motorola is indeed abusing the FRAND patent system.

“Motorola promised to make its patents available to Microsoft and other companies on fair and reasonable terms,” Microsoft deputy general counsel David Howard said in a statement. “Today’s ruling means Motorola can’t prevent Microsoft from selling products until the court decides whether Motorola has lived up to its promise.”

Microsoft is expecting a similar ruling in Germany soon.

While Microsoft has always been a proponent of intellectual property protection, they have also always been eager to find a reasonable licensed settlement rather than litigate or use patents to restrict competition. It seems soon the court may impose the same rules on Motorola, which would certainly reduce the extortion value of Motorola to Google, who paid $12 billion for the failing company.

Via AllthingsD.com

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Microsoft patents virtual gaming glasses for Windows Phone and Xbox

March 20, 2012 | By Surur

Patentbolt have uncovered a Microsoft patent for a head mounted display which would allow gaming on the move or at home. The display would be painted with lasers which would could simulate a stereoscopic image of 21 inch size at arms length, and would still allow users to see their environment in the periphery.

Originally filed in Q3 2010 and published by the USPTO on the 15th March 2012, we of course do not know if this will in fact turn into an actual product, but it would be a pretty cool accessory to accompany a Windows Phone, especially if that phone also had Kinect capabilities.

Minority Report – here I come

See the patent application here.

Via BGR.

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Microsoft undertakes not to withhold standard-essential patents

February 9, 2012 | By Surur

In a statement on their website Microsoft has promised to license any standard-essential patents on reasonable and non-discriminatory terms to any comers. The move comes in the wake of Apple complaining that the FRAND system is being abused in Europe, where Samsung has been fighting back against Apple claims by using their own library of standard-essential patents, which would normally form part of a patent pool.

Microsoft writes:

Like other leading high-tech firms, Microsoft regularly contributes to the development of industry standards. Industry standards are vitally important to the development of the Internet and to interoperability among mobile devices and other computers. The international standards system works well because firms that contribute to standards promise to make their essential patents available to others on fair, reasonable and nondiscriminatory terms. Consumers and the entire industry will suffer if, in disregard of this promise, firms seek to block others from shipping products on the basis of such standard essential patents.

Microsoft’s approach is straight-forward:

Microsoft will always adhere to the promises it has made to standards organizations to make its standard essential patents available on fair, reasonable and nondiscriminatory terms.

This means that Microsoft will not seek an injunction or exclusion order against any firm on the basis of those essential patents.

This also means that Microsoft will make those essential patents available for license to other firms without requiring that those firms license their patents back to Microsoft, except for any patents they have that are essential to the same industry standard.

Microsoft will not transfer those standard essential patents to any other firm unless that firm agrees to adhere to the points outlined above.

Presumably Microsoft is hoping for similar reciprocation from other companies as it moves into the tablet market, and to influence the law makers in Europe while Apple argues the case.

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Microsoft adds LG as an Android licensee – now cover 70% of the US Android market

January 12, 2012 | By Surur

Microsoft has announced that it has added LG as an Android licensee. The license “provides broad coverage under Microsoft’s patent portfolio for LG’s tablets, mobile phones and other consumer devices running the Android or Chrome OS Platform.”

Together with other Android licensees HTC, Samsung and Acer, 70% of the US market are now covered by the Microsoft licence, leaving Motorola, who is currently in litigation with Microsoft, as the main hold-out.

“We are pleased to have built upon our longstanding relationship with LG to reach a mutually beneficial agreement. Together with our 10 previous agreements with Android and Chrome OS device manufacturers, including HTC, Samsung and Acer, this agreement with LG means that more than 70 percent of all Android smartphones sold in the U.S. are now receiving coverage under Microsoft’s patent portfolio,” said Horacio Gutierrez, corporate vice president and deputy general counsel, Intellectual Property Group at Microsoft. “We are proud of the continued success of our program in resolving the IP issues surrounding Android and Chrome OS.”

The new licensee is interesting, given that Microsoft’s case agaisnt Barnes and Noble, another prominent hold-out, is felt to be somewhat shaky, with Microsoft recently withdrawing one of the patents it was using against the company.

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Initial determination by ITC finds Motorola violates 4 of Microsoft’s patent claims

December 20, 2011 | By Surur

infringing

An example of an infringing device.

Microsoft won the first step of its battle to win license fees from Motorola for use of its patents in Android.

The ITC has made a final preliminary finding that Motorola Mobility is in violation of one of Microsoft’s patents, U.S. Patent No. 6,370,566 which allows users to “schedule an appointment anytime, anywhere, and invite others to attend, making easy use of email addresses and contact information and synchronizing calendars across their phone, PC and other devices.”

The panel found Motorola did not infringe 5 other patients however.

In a statement Microsoft said:

We are pleased with the ITC’s initial determination finding Motorola violated four claims of a Microsoft patent. As Samsung, HTC, Acer and other companies have recognized, respecting others’ intellectual property through licensing is the right path forward.

It is of note that, while Microsoft has been attempting, relatively successfully, to extract license fees from Android OEMs, their aims are very different from Apple’s litigation, which is explicitly aimed at “going nuclear” on the Google mobile OS.

The finding is just the first part of the process. The next step is a final determination by the six-member commission followed by the ITC judge takes the staff’s opinions into account in making a final decision.

ITC bans importation of HTC’s Android devices in US

December 19, 2011 | By Surur

htclogo

The ITC has solidly come down on the side of Apple, banning importation of HTC’s Android devices which violate two claims of patent #5,946,647, which is a system level patent issued in 1999 on analysing and linking data structures.

The patents implicate all of Android, and not just HTC’s implementation, which would make it difficult for HTC to remediate in the 4 months before it goes into effect on the effect on April 19, 2012 .

This of course leaves HTC with their library of Windows Phone 7 handsets in USA, which may explain the rumours of a HTC LTE Windows Phone on AT&T a mere 2 months after the HTC Titan has been released.

HTC has however said “… we are well prepared for this decision, and our designers have created alternate solutions for the ‘647 patent” but the decision may still prompt HTC to spend a bit more time on Windows Phone 7.

HTC may ignore German patent ban, risks 250,000 euro per phone fine

November 29, 2011 | By Surur

nrd2151-i2 HTC has said it will ignore the IPCom patent complaint which was decided against the company, and which would ultimately lead to a ban in the sale of HTC handsets, including their Windows Phones ones, in Germany.

HTC said that Ipcom’s intellectual property claim had already been ruled invalid by the German Federal Patents court in December 2010, but notable experts disagree. The patents relate to how phones connect to 3G base stations.

HTC has dropped its appeal case against an earlier decision which favoured IPCom, leaving the company with a default judgement.

"Since HTC has never come up with an offer that adequately reflects the value of these patents, Ipcom has been left with no choice – we will use the right awarded by the courts, likely resulting in HTC devices disappearing from shops during the crucial Christmas season," said Ipcom’s managing director, Bernhard Frohwitter.

He added that if HTC ignored the order Ipcom would ask for the phone maker to be fined.

"It’s up to the court and could go up to 250,000 euro (£213,000) per violation per phone," Mr Frohwitter said.

Ipcom said it has now told HTC that it intends to enforce the ban.

What IPCom is however after is ultimately license fees. He added that Ipcom was still willing to settle, providing HTC agreed to pay a "fair" licence fee.

HTC only sold 1.43 million phones into Germany in the last 9 months, making it an important but not vital market. It remains to be seen if HTC is willing to deal or not.

Microsoft licenses 200 IP messaging patents from Openwave

November 4, 2011 | By Surur

Openwave Systems, who is in the process of suing Apple and RIM, have reached an agreement with Microsoft to license their portfolio of 200 patents.

The portfolio include several foundational patents covering smart device and cloud technologies, among others. The patents have been described as “covering a range of smartphone core features and functions,” by Erin-Michael Gill, managing director and chief intellectual property officer at MDB Capital Group, and difficult to work around.

Openwave Systems Inc.is a global software company delivering context-aware mediation and messaging solutions that enable communication service providers and the broader ecosystem to create and deliver smarter services.

In August 2011, Openwave filed complaints with the International Trade Commission and in the United States District Court for the District of Delaware against Apple and Research In Motion (RIM) alleging that Apple and RIM products infringe certain Openwave patents.

Microsoft, who themselves is on a patent licensing spree, has had a pre-existing relationship with the company, buying Musicwave from them in 2007, and worked with the company as far back as 2004 to offer MSN Mobile services to Openwave’s mobile platform.

While it is unlikely licensing Openwave’s patents will allow Microsoft to deliver new features, it does likely smooth their way to rapidly releasing features like Skype integration in Windows Phone 7, without being tied up in litigation.

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