[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
Re: TomTom to contest Microsoft patent lawsuit ..
From: |
amicus_curious |
Subject: |
Re: TomTom to contest Microsoft patent lawsuit .. |
Date: |
Mon, 2 Mar 2009 13:24:00 -0500 |
"Doug Mentohl" <doug_mentohl@linuxmail.org> wrote in message
news:goh4rf$c8d$1@news.datemas.de...
amicus_curious wrote:
What effect on the case would it be if Tom-Tom eliminated all
proprietary software and used a purely GPL solution?
All of the previously shipped Tom-Tom units would have to be recalled or
else Tom-Tom would have to pay for a license for them.
Wouldn't it be simpler for the endusers to go to the Update Site ..
How could Tom-Tom prove that they did? The hammer would be on Tom-Tom as an
infringer and they would have to show how such a scheme would work in an
acceptable time frame. There are, I would guess, tens of millions of units
that have been sold and shipped in the past years. Tom-Tom would have to
show that they were made non-infringing. If Tom-Tom loses, there would be
the issue of whether such an update was even possible. Remember, the FAT
files are just a sideshow to the navigation software issue.
What third party software is at issue here?
I don't know that there is any.
Microsoft's claim explicitly references proprietary software:
"This is an action for patent infringement arising under the patent laws
of the United States", PDF #1
and
"On information and belief, certain portable navigation computing devices
and associated computer software that infringe the Microsoft PAtents are
manufactured for TomTom N.V. by third parties located in Asia. On
information and belief, these infringing products are imported for sale
(in various outlets and websites) in the United States by TomTom, Inc"
"Complainant may move to add one or more such producers or customers to
this investigation should they, or the scope of their involvement with
infringing activities, become identified later through discovery or
otherwise", PDF #2
That is the software created by Tom-Tom, I would think.
Why isn't MS going after these third parties?
They are. There is no "third party" as such, it is Tom-Tom's use of their
own infringing software that is at bar.
You need to be more explicit.
MS claims certain proprietary software violates its patents, see above.
You did read the complaint, didn't you fuddie?
Yes. Tom-Tom's software is what is in violation. They can sue the US
entity for that. Why bother with the overseas parent? If Tom-Tom loses and
does not pay for a license, they are out of business in the USA and anyone
bringing a Tom-Tom through customs could have it seized. Obviously they are
going to license the patents long before they would go to that extreme.
What effect on MSs entire patent portfolio would it be if MS lost this
case?
It could encourage other companies to dispute patents held by Microsoft,
but that is always the case.
But what effect would it have on the monetary value of the MS patent
portfolio.
I am sure it would be less than it might be now, but I do not know of any
current estimate of what it is worth today. It only shows up when some
revenue is received for a license and then taxes are paid. What it might be
worth otherwise is moot.
Have they ever helped anyone in the past?
"Patents owned by Open Invention NetworkSM are available royalty-free to
any company, institution or individual that agrees not to assert its
patents against the Linux System"
http://www.openinventionnetwork.com/about.php
"The Linux Foundation is working closely with our partner the Open
Invention Network and our members, and is well prepared for any claims
against Linux,"
http://tech.yahoo.com/news/infoworld/20090227/tc_infoworld/127066
http://tinyurl.com/d2jxu2
http://uk.support.tomtom.com/cgi-bin/tomtom_uk.cfg/php/enduser/std_adp.php?p_faqid=3171&Lid=1
http://www.techflash.com/microsoft/Microsoft_sues_TomTom_over_patents_in_case_with_Linux_subplot_40305732.html
tomtomComplaint.pdf, tomtomitc.pdf ...
I don't see where anything is mentioned as to how the Open Invention Network
has actually done anything to help in any previous case. So far they look
like paper tigers.
- Re: TomTom to contest Microsoft patent lawsuit .., (continued)
- Re: TomTom to contest Microsoft patent lawsuit .., amicus_curious, 2009/03/01
- Re: TomTom to contest Microsoft patent lawsuit .., Doug Mentohl, 2009/03/02
- Re: TomTom to contest Microsoft patent lawsuit .., Rui Miguel Silva Seabra, 2009/03/02
- Re: TomTom to contest Microsoft patent lawsuit .., amicus_curious, 2009/03/02
- Re: TomTom to contest Microsoft patent lawsuit .., Doug Mentohl, 2009/03/02
- Re: TomTom to contest Microsoft patent lawsuit ..,
amicus_curious <=
- Re: TomTom to contest Microsoft patent lawsuit .., Doug Mentohl, 2009/03/03
- Re: TomTom to contest Microsoft patent lawsuit .., amicus_curious, 2009/03/03
- Re: TomTom to contest Microsoft patent lawsuit .., Doug Mentohl, 2009/03/15
- Re: TomTom to contest Microsoft patent lawsuit .., amicus_curious, 2009/03/15
- Re: TomTom to contest Microsoft patent lawsuit .., Doug Mentohl, 2009/03/15
- Re: TomTom to contest Microsoft patent lawsuit .., amicus_curious, 2009/03/15
- Re: TomTom to contest Microsoft patent lawsuit .., Doug Mentohl, 2009/03/15