Patent Holders Sue Microsoft, Claiming They Were Misled... Six Years Ago
from the took-their-time,-didn't-they? dept
Microsoft certainly has a reputation for copying (er... embracing and extending) the technology of other companies, but this latest lawsuit seems a bit suspicious. Engadget points us to the news that three patents holders are suing Microsoft for supposedly misleading them over its intentions in licensing their patent. They claim that Microsoft claimed it wanted to license their patent, related to digital video recorder technology, for strictly defensive purposes. The group agreed to license Microsoft the patent in 2001 with no royalty revenues attached... and a week later Microsoft announced its UltimateTV DVR offering. There are a few things that simply don't add up here. If the deal happened in 2001 and Microsoft announced its product a week later, why did they wait until now to sue? More importantly, if part of the deal was that Microsoft would only use the patents for defensive purposes, why not put that into the terms of the license? This sounds like a pure money grab, and there might not even be that much money to grab, since Ultimate TV was eventually shut down as a failure early in 2002.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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you know the courts...
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Re: you know the courts...
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knee jerk response and all
A company that a friend works for is involved in business litigation similar to this and the court date was just set now, 2 years from now.
I'm sure prior to filing there were "negotiations" with Microsoft and those likely took time.
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it all adds up in the end...
On the other side of the fence however; how can you sue someone you legitimately licesensed your technology to?
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Re: it all adds up in the end...
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Copyright infringement!
Also, if you read the article you'd see the motion was filed in January. As in 2007. So they're, at least, 5 years out and trying to get money for nothing. While I'm sure the patent system and litigation has some merits here and there I think it might be best served for all to make a special court for only these items; a black hole perhaps.
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If you need a well publicized example of the court
I have posted Bond for folks who had their life in limbo for years until the Prosecutor brings case before a judge to be dropped for lack of evidence. Note: you can have anyone arrested for anything by simply swearing out a warrant.
But this is a case of stupidity, note:
"The group agreed to license Microsoft the patent in 2001 with no royalty revenues attached..."
Why would you sign away all of your rights to revenue?
Were the drinking Microsoft kool-aid(tm)?
You can't shoot yourself in the foot and then blame the gun.
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Shut up ,Mike,
An average patent lawsuit costs 3-5 mil bucks just to start
It takes a while to raise this kind of money from investors, if you are a small guy
So just shut up, moron
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Angry Troll is more like it
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I don't agree with Microsoft often but
Microsoft got the IP holders to sign away their rights: "The group agreed to license Microsoft the patent in 2001 with no royalty revenues attached".
This has "oh waaa", written all over it.
Maybe "the group" could get a Charitable Tax Deduction.
No, Microsoft is not a charity.
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Mark Bownes
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That is defensive use
Defending Microsoft..... that leaves a foul taste in my mouth. Can we please get rid of software patents allready? They clearly arn't benificial to society.
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