« The Invisible Edge | Main | Hammered »
March 30, 2009
Quickly Drummed
A
month ago,
Microsoft sued TomTom over GPS navigation patents, and file management,
eight patents in all. Linux-based TomTom countersued with four of its own.
Already they've settled, with TomTom paying an undisclosed sum to Microsoft for
a five-year cross-license.
Under the deal, TomTom has to remove some file management features from its products within two year. This is because TomTom operates under an open-source license, which requires companies to make the source code available to the community. Ironically, and anathema to the spirit of patents (quid pro quo of getting a patent in return for public disclosure), Microsoft bars companies from releasing patented code free of charge.
The Linux crowd went wobbly over the suit, fearing the Microsoft might unleash on them for massive patent violation. Microsoft claims that Linux infringes 235 patents. Tough talking Linux provider Red Hat went so far as to state the obvious: "Without a judicial decision, the settlement does not demonstrate that the claims of Microsoft were valid."
The Software Freedom Law Center became delusional over the settlement, declaring, "today's settlement between Microsoft and TomTom shows the strength of our community's resistance to patent aggression by Microsoft."
In the past few years, Microsoft has transformed from pure patent victim to patent predator, raking in well over a billion dollars since it got patent religion in 2005, exercising its muscle with its corporate customers in heavy-handed cross-license deals. A hundred million here, a hundred million there, and pretty soon you're talking real money.
But the 800-pound gorilla still has at least one pesky chimp bothering it for bananas. Inventor Gary Odom has an ongoing suit, claiming a major feature of the wildly popular Ribbon, a new style toolbar with active tool groups, used in Office 2007, and soon to make an appearance in Windows 7. In hopes of prolonged denial, Microsoft got the venue changed from East Texas to Portland, Oregon, where Odom lives, so Odom can now conveniently walk to the courthouse from his lair. In return for the transfer, Markman for the case got moved up a month, and trial was delayed but a couple months, to August 2010. Talks have not occurred, and settlement is not expected.
Posted by Patent Hawk at March 30, 2009 9:09 PM | Patents In Business