And Here Comes The Patent Nuclear War: TomTom Sues Microsoft Back For Infringement

from the mutually-assured-destruction dept

For years, people in the software industry have noticed that patents have become the nuclear stockpiling of the tech industry. Lots of companies feel the need to stock up on as many patents as possible, not for any good reason -- but to have something to scare people off from suing, knowing that they'll get sued right back. This is especially true today, since almost no tech product can be seen as not violating a whole bevy of patents from others. But, of course, when you're dealing with a nuclear stockpiling for deterrence purposes, eventually, nuclear war breaks out. That seems to be happening with the patent lawsuit between Microsoft and TomTom. While there's been speculation that TomTom really can't settle, apparently it can launch the nuclear war. It's now countersued Microsoft, claiming that the company violates a bunch of its patents. And, once again, the only folks who win are the patent attorneys.

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Legal Issues

by Mike Masnick

Mon, Feb 18th 2008 4:24pm

Motorola: Since We're Not Innovating, We'll Litigate Over Patents

from the suing-RIM dept

We recently noted the challenges facing Motorola, as it's been unable to continue to innovate in a way that customers desire in the handset business. Unfortunately, it looks like Motorola is choosing the all-too-common strategy among those who fail in the marketplace: they start suing for patent infringement. Motorola has now decided that since it hasn't been able to beat RIM's Blackberry in the marketplace, it's simply going to sue the company for patent infringement instead. Of course, as in any good patent nuclear war, RIM has fired back with its own patent infringement countersuit, meaning that both companies will be tied up with lawyers and judges, throwing away money that could have gone towards actually innovating and actually competing in the marketplace.

8 Comments | Leave a Comment..

Legal Issues

by Mike Masnick

Wed, Jan 30th 2008 6:32pm

Fallout From Alcatel-Lucent's Patent Nuclear War With Microsoft Continues

from the be-careful-who-you-launch-against dept

Part of the conventional wisdom in having tech companies apply for lots of patents is that they're helpful as a "defensive" mechanism against other companies filing patent lawsuits against you. It's the nuclear stockpiling argument that suggests (without much proof) that the more patents everyone holds, the less likely actual patent litigation will result. That doesn't seem to be happening, though, as we see more and more patent "nuclear wars" happening. For example, Alcatel-Lucent went after Microsoft on a questionable patent concerning MP3 technology. While Alcatel-Lucent initially won that battle to the tune of $1.5 billion, everything's gone down hill since then. First, Microsoft hit back at Alcatel-Lucent, dredging up a bunch of patents it claimed the company was violating. Then, a judge overturned the $1.5 billion ruling. Now, Microsoft's patent attack on Alcatel-Lucent has succeeded, as a judge at the US International Trade Commission (yes, Microsoft is also using the popular loophole in patent law here) has determined that Alcatel-Lucent has infringed, suggesting that its products be barred from the US. While this seems like a silly ruling, it does show how if you're going to play the game of accusing companies of patent infringement, you might get burned yourself.

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And Here Comes The Patent Nuclear War: TomTom Sues Microsoft Back For Infringement

from the mutually-assured-destruction dept

Motorola: Since We're Not Innovating, We'll Litigate Over Patents

from the suing-RIM dept

Fallout From Alcatel-Lucent's Patent Nuclear War With Microsoft Continues

from the be-careful-who-you-launch-against dept

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