Microsoft announced alicensing accord with smartphone manufacturing business HTCthis week . While the overt substance is that Microsoft is kick the bucket after Android , it seems like Microsoft may be coming to the defense of HTC and firing a word of advice shot across Apple ’s bow .
Neither Microsoft nor HTC is sharing point regarding the specific patent being licensed or the fiscal terms of the arrangement , but the implication is that Microsoft feels thatsmartphones found on Google ’s Android OS — like the Nexus One andIncredible French telephone from HTC — encroach on some of its intellectual property right .
Horacio Gutierrez , corporate frailty President of the United States and deputy ecumenical counselor-at-law of Intellectual Property and Licensing at Microsoft explained via e - ring armor “ Microsoft has a decades - tenacious record of investment in software platforms . As a termination , we have built a significant patent portfolio in this playing area , and we have a responsibility to our customers , partners , and shareholders to ensure that competitors do not free drive on our innovations . We have also consistently take a proactive approach to licensing to resolve IP infringement by other companies , and have been talking with several gimmick manufacturers to plow our worry relative to the Android wandering platform . ”
Gutierrez alsostated in a recent blogpost commenting on Apple ’s patent infringement lawsuits against HTC “ The smartphone marketplace is still in a nascent nation ; much innovation still lies ahead in this field . In all nascent engineering science markets , there is a period early on where IP right will be sorted out . This is in particular on-key in a market , such as smartphones , in which a turn of different technologies previously offered on a standalone basis now meet into a single machine . ”
“ Indeed , smartphones are a product of the ‘ open excogitation ’ paradigm — twist manufacturers do not do all of their ontogeny in - house , but add their own innovations to those of others to create a product that users want . assailable innovation is only possible through the licensing of third company IP rights , which ensures that those who develop the building blocks that make a novel technology potential are decent compensated for their investment in research and development . After all , engineering just does n’t seem , fully - developed , from Zeus ’s head . It postulate lots of gruelling study and imagination to create , ” continued Guiterrez .
I respect Gutierrez ’ authority as an expert in intellectual property rightfulness , and he realize valid points . Where it stupefy a little dazed for me is the fact that Microsoft and HTC have a long - stand up human relationship , and at facial expression value the technology underlie the Nexus One or Incredible does n’t seem that much different than the engineering science behind the Windows Mobile - based handset from HTC such as the Touch Pro-2 .
So , why now ? While HTC has embraced the Android platform , it has a history with Microsoft . The realness is that HTC is almost single - handedly creditworthy for whatever success Windows Mobile has experience up to now . As capable as the Windows Mobile operating system has been , HTC provided groundbreaking customizations , and aunique experience that made it good .
yield , Microsoft is not a friend of Google , and I have no doubt that Microsoft would aggressively follow defending its cerebral property rights against the Android operating system . It seems to be doing so , and other Android - base smartphone manufacturers are probably either already operate in talks with Microsoft for a standardised licensing agreement , or waiting for the telephone set to pack to get the conversation started .
But , the pre - existent relationship between Microsoft and HTC , and the kind of overlap and redundancy apparent in many of these smartphone technology patents suggests that Microsoft is sending a subject matter to Apple at the same time : “ If you want to challenge HTC , you ’re going to have to handle with Microsoft as well . ” The patented technologies are probably similar , and HTC can defend its position against Apple by pointing out that it is using de jure - licensed technologies from Microsoft .
I match with Gutierrez assertion that the technologies that make up the backbone and framework of smartphones and that there is some negotiation that has to go on between the various parties to check cerebral attribute right wing are respected . However , it seems like it would be beneficial for the parties involved , as well as the smartphone and roving markets and their customer , if the various entity could work out arrangements as Microsoft and HTC have , and impart the courts and theInternational Trade Commission out of it .
[ Tony Bradley is co - generator ofUnified Communications for Dummies . ]
