Microsoft hopes to arrive at mobile "patent peace" with Google's new Motorola Mobility division without having to enforce the software giant's recent string of legal victories in Europe and the United States.
Earlier this month, for example, the International Trade Commission issued an order banning from the U.S. market those Android devices made by Motorola which implement Microsoft's ActiveSync technology. What's more, two courts in Germany have ruled in Microsoft's favor with respect to Motorola Mobility's infringement of other patented technologies owned by the software giant.
Still, Microsoft's legal staff complained on Tuesday that Google is resorting to smoke screens when it should be ironing out a comprehensive mobile patent agreement.
"Unfortunately, we have no reason to believe that Google's diversionary tactics will cease any time soon, and in fact expect more of them in the future," wrote Microsoft General Counsel Brad Smith and Deputy General Counsel Horacio Gutierrez in a blog.
Seeking Reasonable Compensation
Last Friday in Germany's Mannheim Regional Court, Microsoft was awarded multiple remedies concerning the sale of Motorola mobile devices that infringe upon Microsoft's File Allocation Table (FAT) patent. The court mandated remedies include "an injunction, a recall of infringing products from retail, and damages -- the amount of which will have to be determined," noted FOSS Patents blogger Florian Mueller.
The downside is that Microsoft can only enforce the Mannheim court's verdict by posting "a 10-million euro bond," Meuller noted. This helps to explain why Microsoft continues to press for an amicable patent settlement with Google.
"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," Smith and Gutierrez wrote. "And we stand ready to pay reasonable compensation for Motorola's patented intellectual property as well."
Google did not immediately respond to a request for comment on its rival's call for "patent peace." Eventually, however, industry observers expect that Google will have to make cross-licensing patent deals with its top smartphone and tablet rivals.
"This is already the third patent ruling in Microsoft's favor against Motorola Mobility," Meuller noted. "On a worldwide basis, ten Apple and Microsoft software patents have now been deemed valid and infringed by Android-based devices." (continued...)
Posted: 2012-07-31 @ 6:45pm PT
Quoting Mueller is as good as getting your news from The Onion. Mueller is a paid analyst by Microsoft and Oracle.