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Motorola complaint against Microsoft narrowed

Google-owned Motorola has had its patent portfolio trimmed by a US judge in its ongoing battle with Microsoft. Reuters is reporting that judge James Robart of the US District Court has ruled thirteen claims in three patents (US 7,310,374, 7,310,375 and 7,310,376) invalid. The order is at Scribd, here. At issue are two claims …

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Boffin

MS vs Google patent wars

MS are suing / sued Android manufacturers who are google's customers over patents and now have to pay MS protection money, so to speak. MS extorts money from android handsets, currently they get $5 or so per device. Google now retaliates.

Recently economists released a report saying that patents (in the US system but also, I suspect the same is true worldwide) are harmful to the tech industry as a whole and are also harmful to the economy.

So we should scrap the system, it's profiting lawyers (patent trolls), the patent offices themselves and arguably large corporations (they can beat up start-ups) but harming everyone else.

The patent now is very different from the patent system when it was first introduced and designed to benefit the public and inventors alike.

Anonymous Coward

Re: MS vs Google patent wars

Why is this Judge not in charge of the apple / samsung case. All those motorolla patents seem to have been deemed invalid for reasons most people say half of the apple patents used should be invalid.

Back on track here, I honestly do hope that the US decide to reform their patent process. Get rid of software patents, tighten up what counts for a design patent. Prevent any further patents in these areas (outside the new bounds) being issued, and let the existing patents last until they expire.

Then again, I think any patent case should start with a

"We're suing because they infringe patent X"

"Okay, lets review patent X outside of court first, and see if it's actually valid so we don't waste everybodies time"

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Re: MS vs Google patent wars

As I recall, didn't Motorola sue MS before the Android patent thing started? And long before Google bought (and shat on) Motorola?

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Facepalm

Re: MS vs Google patent wars

Except of course, those paying license fees to MS include some of the most hard-nosed defenders of patent suits on the planet (e.g. Samsung).

Thus, the fact that they're all coughing up without so much as trying to contest the patents in question would be a pretty bloody obvious clue that the things are both watertight and worth having. My guess would be that one of the big ones is the MS proprietary Long Filename extensions to FAT32, a battle-hardened warhorse when it comes to patent contests.

I'd agree that it looks like Google are trying to retaliate[1], having bought Moto for its patent portfolio, but it also looks like that's becoming something of a pig's ear. I recall Apple saying that Moto's patents weren't worth shit and it appears that their assessment may have been correct.

[1] Although feeling that you have to "retaliate" because you've found that your product requires licensing something from someone else seems awfully childish to me. Almost as childish as your inevitable rant above.

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FAIL

Re: MS vs Google patent wars

"seems awfully childish to me. Almost as childish as your inevitable rant above"

@TeeCee - I'd argue that your post is more childish than mine. You resort to what is, in effect, name calling.

Your main argument seems to be, "patents are OK" because mega-corporations approve of them. That's a fallacy, they do benefit those mega-corporations, as they are nuclear weapons they can use against smaller competitors, who can't afford to fight the court cases.

Secondly you seem to be praising the FAT licences. In reality it should be impossible to patent such things as "long file names", I mean WTF? Software patents and method patents are causing the stagnation of innovation, as it's impossible for a start up to do anything innovative without being sued by megacorps and patent trolls. Even frivolous suits are effective because the competition can't afford the time and money to fend them off.

TeeCee, If you wish to make yourself seem less childish than me, you might care to refrain from personal attacks and stick to the argument in an adult fashion.

Anonymous Coward

Re: MS vs Google patent wars

@Eadon - If we're talking about personal attacks, you calling everyone who disagrees with you a shill would be personal and childish. Why are they personal attacks when directed at you, but you're quite happy to dish it out when it's to other people you don't like - this is the behavior of a bully.

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Re: MS vs Google patent wars

and that brings up the question of WHY they're using fat32 on sdcards when ext2 has all that and more.

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Re: MS vs Google patent wars

"and that brings up the question of WHY they're using fat32 on sdcards when ext2 has all that and more"

Because an SD card 99% of people can't just read by plugging into their PC is basically useless.

Anonymous Coward

on the contrary to Eadons gibberish......

...the fact that companies installing Android on the devices they manufacture have to pay MS, whereas manufacturers installing WinPhone on devices they manufacture do not have to pay Google, indicates that the patent system is working perfectly!

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Devil

This is something that should have been sorted at filing

Frankly, the examiner did not his job. While I can understand failures to find prior art (shit happens) failures to have correct claims should not pass the patent examination process.

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Re: This is something that should have been sorted at filing

... and as the Patent Office charged for examination and filing, it should have to pay legal costs plus damages to sort the mess out.

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Thumb Up

Re: This is something that should have been sorted at filing

@vagabondo

+1

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