Microsoft Sues TomTom for Patent Infringement

By Jane McEntegart, published on February 26, 2009 at 7:10 AM
Source: Tom's Guide US | Keywords: , , , , | Themes: Business
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In the latest development in Microsoft’s claims that Linux violates a ton of its patents and then some, the Redmond company is bringing satnav maker TomTom to court.

Microsoft Corp. has filed a patent infringement lawsuit against the GPS maker claiming the company’s products infringe on patents related to Microsoft's FAT32 file system. TechFlash reports that five of the patents in dispute relate to in-car navigation technologies, while the other three involve file-management techniques. Microsoft Deputy General of Intellectual Property and Licensing, Horacio Gutierrez, said Microsoft has reached licensing agreements with with other in-car navigation vendors regarding the same patents, and the maintains the company is open to "quickly resolving" the TomTom dispute through licensing.

A few years back, Microsoft claimed that Linux violated 235 of its patents and this is something that has caused considerable stress in the open source community ever since. While Microsoft has yet to make significant movement on the claim, there has always been an underlying concern that the Redmond giant would go on a legal rampage based on the alleged infringements. According to TechFlash, when asked if this was the start of a broader legal campaign over those alleged violations, Gutierrez said it was not.

In an official statement issued yesterday, Microsoft said it had filed action after attempting to engage in licensing discussions with TomTom for more than a year. Check out the full statement from Microsoft below.

'REDMOND, Wash. — Feb. 25, 2009 — Microsoft Corp. today filed a patent infringement action against TomTom NV and Tom Tom, Inc., and issued the following statement from Horacio Gutierrez, corporate vice president and deputy general counsel of Intellectual Property and Licensing:

“Microsoft has filed an action today in the U.S. District Court for the Western District of Washington and in the International Trade Commission (ITC), against TomTom NV and TomTom Inc. for infringement of Microsoft patents. We have taken this action after attempting for more than a year to engage in licensing discussions with TomTom.

“We have an established intellectual property licensing program, and the patents involved in this case, relating to innovations in car navigation technology and other computing functionality, have been licensed by many others. In situations such as this, when a reasonable business agreement cannot be reached, we have no choice but to pursue legal action to protect our innovations and our partners who license them. Other companies that utilize Microsoft patents have licensed and we are asking TomTom to do the same.

“TomTom is a highly respected and important company. We remain open to quickly resolving this situation with them through an IP licensing agreement.”'

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Comments

bad_code 02/26/2009 1:26 PM
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neiroatopelcc 02/26/2009 2:07 PM
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The patent system's a joke, but I find it okay that they sue tomtom for not playing by the rules that all its competators do.

Anonymous 02/26/2009 2:15 PM
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Microsoft rocks!

Hatecrime69 02/26/2009 3:03 PM
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“TomTom is a highly respected and important company. We remain open to quickly resolving this situation with them through an IP
licensing agreement.”'

read: we'll sue them until they are worthless, then buy them cheap

JMcEntegart 02/26/2009 3:10 PM
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lawl

AndrewMD 02/26/2009 3:13 PM
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@bad_code:
Why does Microsoft suck? Microsoft owns the rights to FAT32 system. It is there system, Linux does not have a right to use it. (They do have the right to license it) TomTom should have used EXT or other file system that is Linux compatible. Why TomTom switched from a Windows CE platform to a Linux one was also a stupid move.

tenor77 02/26/2009 3:38 PM
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My company has devices that use FAT FAT32 and NTFS and we pay for all of them. TomTom should play by the rules like everyone else.

master exon 02/26/2009 3:59 PM
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Since when did Linux use FAT32? Whatever.

Parrdacc 02/26/2009 4:29 PM
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Just had a horrible thought. Is this the beginning of M$ launching tons of lawsuits knowing that with their monopoly and money they can force and/or take down anyone in their sites especially during the current economic crisis? M$ may have or will layoff people (no one is immune in times like these) but they are one of the few companies that have the ability to weather such a storm. Perhaps they just might take advantage of this and try and destroy their competition. Just a thought, not saying it will happen.

tenor77 02/26/2009 4:44 PM
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Parrdacc :
Just had a horrible thought. Is this the beginning of M$ launching tons of lawsuits knowing that with their monopoly and money they can force and/or take down anyone in their sites especially during the current economic crisis? M$ may have or will layoff people (no one is immune in times like these) but they are one of the few companies that have the ability to weather such a storm. Perhaps they just might take advantage of this and try and destroy their competition. Just a thought, not saying it will happen.



Perhaps a little history lesson will help here: (per wiki)
Quote :Microsoft applied for, and was granted, a series of patents for key parts of the FAT file system in the mid-1990s. Being almost universally compatible and well-understood, FAT is frequently chosen as an interchange format for flash media used in digital cameras and PDAs.

On 2003-12-03 Microsoft announced it would be offering licenses for use of its FAT specification and "associated intellectual property", at the cost of a US$0.25 royalty per unit sold, with a $250,000 maximum royalty per license agreement.[33]

m3kt3k 02/26/2009 5:41 PM
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This was probly a move by TomTom to save money and its gonna fail. MS owns the ip. They invented it so why should someone else use there work for nothing. This seems to be the real base argument. People wanting to use someone elses hardwork for free. So much anger is targeted at MS but jesus Apple makes MS look like a charity when it comes to IP. Anyone else remember when Apple tried to Trademark the letter I and the Cube?

Parrdacc 02/26/2009 5:54 PM
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"So much anger is targeted at MS but jesus Apple makes MS look like a charity when it comes to IP."

You got that right. While I have no real love for M$, I have to say their OVERALL practices are far better than Apples. Apples policies and the way the do business is the worst I have ever seen, far worse than even Microsoft and will give Microsoft credit, man that hurts to say, but they did come up with one of the best if not the best gui I have ever seen. Although they do need to be cautious I do find Ubuntu the best desktop based Linux out there imo.

ossie 02/26/2009 6:32 PM
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FAT per se is not patented, only VFAT (FAT+LFN) and, possibly in the future, FAT32 (that's probably what is referred as "rights to FAT file system innovations for which Microsoft has filed a claim for a patent that the U.S. Patent Office has not yet granted.")

http://www.microsoft.com/iplicensi [...] e%20System

FAT LFN implementation is a monumental idiocy... only m$ could design it.

The solution is simple: don't use LFNs.

falchard 02/27/2009 5:10 AM
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I really hate the patent system. Its more like a way to keep competition out of this field.

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