Friday, March 22, 2013

Week 8 - Post 2: Microsoft Did Not Violate Google Patent



        The second article that I read today was about how Google's Motorola Mobility had asserted five patents against Microsoft Corp. in 2010 for their popular Xbox gaming console over several wireless and video coding patents.  Although Motorola had dropped two of those five patents earlier this year in January, they still carried forward with the remaining three infringement claims.  Yet Microsoft has claimed that the last three of these patent claims are all Standard Essential Patents, and as such, that Motorola's patent must be available to be licensed to them on a FRAND basis.  At this point, only one of Motorola's original claims still stands - one regarding a patent that allows devices to communicate wirelessly over short distances.  However today it was announced in a preliminary decision that Microsoft had not infringed upon Motorola's patent, although a final ruling is due in July.
Also, in April 2012 an ITC judge said that Microsoft had violated four of the original five claims that Motorola made, although the ITC sent the case back to the judge for reconsideration.
        I find it very interesting that only a year ago a judge ruled that Microsoft had violated four of the five claims, but that by now three of those original claims have been dropped for various reasons.  Specifically, two of the patents were dropped because they were deemed SEP's; how did this original judge not come to the same conclusion in the first place?  The nature of the patent system is very flawed, because if today there still remains such subjectivity in determining how to interpret patent law, how is it fair to continue allowing companies to sue each other when there is no one who can always be "correct"?  The excessive patent wars need to be slowed down somehow, or at the very least the patent system must be revised, because if there still remain such huge discrepancies in today's world (SEP vs. non-SEP), it is obvious that major miscommunication is taking place.

Link:  http://news.yahoo.com/microsoft-did-not-violate-google-patent-trade-commission-212342719--sector.html
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5 comments:

  1. JessicaMarch 24, 2013 at 1:06 PM

    I always find myself confused about the appeal process too. I wonder hoe different the cases are when they are tried for a second time.

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  2. maamaablacksheepMarch 24, 2013 at 10:03 PM

    Great commentary on the nature of the legal system and the discrepancies between the past and present. As fair as it is now, it might be move towards a better direction. I think it's good that it's inconsistent because the legal system know more about mobile technology now than it did before.

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  3. ShayanMarch 24, 2013 at 10:28 PM

    Interesting how we spoke about the Google acquisition of Motorola Mobility for its patents, now we see it on the flipside, where it really is hurting Google on the litigation end.

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  4. JosefMarch 25, 2013 at 12:44 AM

    I think overall it probably helps Google though. Without any patents at all, I can't see how Android could have become so successful without everyone suing Google.

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  5. UnknownMarch 29, 2013 at 4:13 PM

    Google's acquisition of Motorola Mobility has not really been paying off since the patents that Google has been asserting against other companies have not stuck in court. So far, Google has not reaped any benefits.

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