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Microsoft, HTC Sign Android Patent Agreement

- By - Source : Tom's Guide US

HTC has signed a deal with Microsoft that covers the use of supposed Microsoft IPs in the Android OS.

Tuesday Microsoft revealed that it signed a joint patent agreement with HTC Corp. which will provide the latter company "broad coverage under Microsoft's patent portfolio." The deal is geared specifically towards Android-based phones provided by HTC, and neither party has released any additional details regarding the pact. However HTC will pay royalties to Microsoft for each phone shipped with the Android OS based on claims that Microsoft's patents intersect the Android platform.

"HTC and Microsoft have a long history of technical and commercial collaboration, and today’s agreement is an example of how industry leaders can reach commercial arrangements that address intellectual property," said Horacio Gutierrez, corporate vice president and deputy general counsel of Intellectual Property and Licensing at Microsoft. "We are pleased to continue our collaboration with HTC."

Microsoft has indicated that the Android OS uses Microsoft's technology for the core architecture and user interface, and thus demanded the patent agreement with HTC. Apple has taken another route, dragging HTC into court and suing the mobile phone manufacturer over hardware and software patents. As the Wall Street Journal points out, both situations "bring into question how vulnerable Android's platform is to potential disputes over IPs."

The Associated Press paints a prettier picture in regards to the Microsoft-HTC deal, reporting that the Redmond-based company seems to be taking HTC's side in its legal battle with Apple. Could it be that Microsoft is offering a "financial blanket of security?" Or is Microsoft simply grabbing its take in the whole Android IP infringement controversy?

It may be the latter. There's a clear indication that both Microsoft and Apple could go after other handset manufacturers who are shipping products with the Android OS including Samsung, LG, Motorola and more.

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arcainumbro 04/28/2010 7:55 PM
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Teen Geek 04/28/2010 8:05 PM
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arcainumbro :
In other words, this is how Microsoft can make a profit on a technology that is kicking their butts.


No, it's how MS can make a profit on THEIR technology.

orionantares 04/28/2010 8:19 PM
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It's how Microsoft and HTC can offer items that can compete with Apple and force Apple to consider dropping prices to compete?

cscott_it 04/28/2010 8:29 PM
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It's how Microsoft can make a penny while protecting it's partner (HTC produces both WinMo and Android phones, is slated to produce some of the first WinMo7 phones).

It would effectually keep Apple from suing HTC. It's protecting it's assets in the "Handled Patent Cold War" so to speak.

megajynx 04/28/2010 8:38 PM
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It's how Microsoft is using someone else's chicken to lay their eggs =P

adipose 04/28/2010 8:43 PM
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teen geek :
No, it's how MS can make a profit on THEIR technology.



Wow, I guess you are accepting their patent claims without checking first.

shanky887614 04/28/2010 8:48 PM
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one thing i dont understand asbout patents is that if soemthing looks similar but isnt they can still sue them

has anyone thought about patenting engines so you get royalties over every engine made? its the same thing

Anonymous 04/28/2010 9:20 PM
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To shanky887614.

Is it novel? Is it obvious? Is it useful? If the answer is yes, no, yes, then you may get a patent. To sue someone, the impugned infringing device must fall within the scope of the claims. simple.

egidem 04/28/2010 9:24 PM
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"HTC and Microsoft have a long history of technical and commercial collaboration, and today’s agreement is an example of how industry leaders can reach commercial arrangements that address intellectual property,"

IN YOUR FACE STEVE JOBS!...Simple proof why Apple is extremely evil.

apmyhr 04/28/2010 9:25 PM
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adipose :
Wow, I guess you are accepting their patent claims without checking first.


If HTC is agreeing to pay royalties without being taken to court, then I would think there is some clear validity to Microsoft's patent claims.

dman3k 04/28/2010 9:45 PM
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Independent sources cites like 280 patent infringement and Microsoft is only claiming 235... well, at least Microsoft is showing some modesty. Due to the complexity nature of the kernel, I wouldn't be surprised if more than 100 of those patents are completely valid. I dunno about the rest of them though.

Where as patents like "undervolt a cpu for mobile device" is just plain shameful on the patent office.

figgus 04/28/2010 10:01 PM
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apmyhr :
If HTC is agreeing to pay royalties without being taken to court, then I would think there is some clear validity to Microsoft's patent claims.



Not so fast: HTC could have licensed the tech for $1, being an important microsoft partner.

Then, MS would have additional leverage against anyone else it decided to take to court over the "patents", making those suits far more likely to succeed and thus squashing any real competition long-term from android. Remember what SCO did to Linux a few years back? Same tactics! Hit the small fish with small payout lawsuits, then when they capitulate use that track record to strike at the bigger fish.

There is also a good chance that MS strongarmed HTC into taking such a deal for exactly that purpose. After all, these lawsuits aren't about money: they are about control of the market, a far more important asset.

coldmast 04/28/2010 10:43 PM
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Of course we wont actually tell you which patents are being violated so you can what 'we' consider violations of our intellectual property.

otacon72 04/28/2010 11:26 PM
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coldmast :
Of course we wont actually tell you which patents are being violated so you can what 'we' consider violations of our intellectual property.



Of course Microsoft told HTC... good lord. Doesn't mean they have to tell the whole world.

jhansonxi 04/28/2010 11:32 PM
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It's patent trolling stunts like this that make it hard to sympathize with M$ when they whine about being sued over software patents (like with Eolas patent #5,838,906).

zybch 04/28/2010 11:53 PM
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Take that apple. With MS now in bed with HTC your stupid little lawsuit about obvious patents you pretend to own is going to go nowhere.

sublifer 04/28/2010 11:58 PM
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huh wtf?!?!?
1- android is google's (perhaps this is a precursor for MS going after Google and oem's using android for some IP...?
2- I thought android was based on linux (which is open-source) not that closed source code couldn't have also been used...

Tindytim 04/29/2010 2:08 AM
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Microsoft generally claims Linux infringes on ~600 of their patented technologies. Since Android is based on Linux, I'm not surprised.

Anonymous 04/29/2010 3:53 AM
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Cats: All your patents are belong to us!!

longshotthe1st 04/29/2010 6:18 AM
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Either way you look at it, it's bad news for Apple. =)

TheKurrgan 04/29/2010 7:05 AM
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figgus :
After all, these lawsuits aren't about money: they are about control of the market, a far more important asset.


Which is about money. So it all comes back to money and greed. Period.

smleth 04/29/2010 2:08 PM
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IP is getting to be really annoying. I can't write a program to wipe my A$$ without getting sued for using someone's code. This kind of crap it what keeps new companies from coming out with competing products. We are killing our own progress.

There are only so many ways to make a button, you make it one way it's Microsofts, another it's Apples, another it's IBMs. Which one is the better Evil, you have to pay someone.

eccentric909 04/29/2010 2:53 PM
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figgus :
Hit the small fish with small payout lawsuits, then when they capitulate use that track record to strike at the bigger fish.



HTC isn't exactly a small fish however. They make nearly 80% of the WinMobile phones available. HTC was the fastest growing tech company in 2005 as well.

So, no, MS isn't going after a small fish, they working out a deal with the company that produces the bulk of their phones, or at least did in 2009.

Anonymous 04/29/2010 3:58 PM
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HTC suck anyway

bcube 04/29/2010 4:18 PM
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ip rights should have limited period of time
so others can make use of them

g00ey 04/30/2010 11:05 AM
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apmyhr :
If HTC is agreeing to pay royalties without being taken to court, then I would think there is some clear validity to Microsoft's patent claims.


Or it may be that they don't want to take the costs of going to court. Whoever would be right, such a trial would damage their relationship so it may be cheaper for both parts to strike a deal and cooperate.

everygamer 05/02/2010 3:51 PM
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I think it might be interesting to see what happens with this in the long run. Microsoft says that under the hood it is their technology, but under the hood it is linux & java and Microsoft hasn't gone after that successfully in the market.

Indirectly, if they try to go after Android they might have issues, because they will have to attack only things that are not related to Java and Linux ( custom connectors, some user interface layouts, etc) because linux is now backed by HP, IBM and Dell and all of the IP that those companies carry (this is what derailed Microsoft from going after linux several years ago).

The IP game these days usually doesnt stop products, it just has companies share the wealth. In the end, even if Apple wins, Android will still be in the Market, Apple will just get a tiny piece of the royalties and everyone will win.