Microsoft lodge letters patent infringement complaints against Motorola and its Android telephone in the International Trade Commission and U.S. federal court Friday , point that the software program giant may hope to use its strong patent position as one way to set its roving software aside from the competition .
Microsoft say that Motorola ’s Android phones conflict nine patents , admit some that would seem to jeopardize most smartphone platforms . Android is the heart-to-heart source OS built by Microsoft rival Google .
The letters patent appear to admit some related to Microsoft Exchange ActiveSync , which syncs e - mail , calendar and contacts between a mobile earphone and a software - ground computer computer programme , consort to a blog station write by Horacio Gutierrez , ecumenical counsel at Microsoft .
Other patents involve engineering science that displays signal strength and battery power on phones .
While Google licenses Microsoft ’s ActiveSync for utilization in Android , Microsoft may plan to argue that French telephone maker that add their own engineering to Android also involve a permit for ActiveSync , order Chris Hazelton , an analyst with The 451 Group . Motorola does add its own enhancement to Android phones .
“ Motorola , of the major Android supporters , is the only one that does n’t licence ActiveSync themselves , ” Hazelton state . HTC , Samsung , Sony Ericsson , Dell and others all license ActiveSync , he order .
Microsoft could also be using the lawsuit as a way to force Motorola into building sound using Windows Phone 7 , Microsoft ’s new sound operating organisation , Hazelton said . Though Motorola made phones using Microsoft ’s operating system in the past times , it now says it is committed to Android .
Motorola may have been unwilling to license ActiveSync because it can be expensive , Hazelton said . “ This is not a small amount of money . We ’re talking hundreds of millions of dollars , ” he said . Motorola , which is about to split up into several companies , has been struggling over the retiring few year .
Microsoft may have other motive for filing the cause beyond possible revenue . “ They ’re attempt to slow down Android , ” say Jack Gold , an analyst with J. Gold Associates . “ That ’s for good reason . Look at the chart : Android ’s momentum is killer . ”
Gartner expect Android to become the second - largest smartphone political program by 2012 , behind only Symbian .
“ That dash the traditional players who have endow in this market for year , ” Hazelton sound out . “ That is compelling Microsoft to say , ‘ How do we battle this ? We ’ll make it costly and speculative to people who are considering move with Android . ’ ”
Microsoft said it was roleplay to protect its cerebral dimension investments , and mark that Nokia and other vendors have also charge lawsuits over smartphone technologies . Microsoft has “ a responsibility to our customer , partners , and shareowner to safeguard the billions of dollars we empower each year in convey innovative software products and inspection and repair to food market , ” the company said .
The courting should n’t issue forth as a surprise . Earlier this year , HTC announced it had licensed Microsoft patent relevant to its Android phones . The companies did not disclose what kind of technologies the patents incubate . At the time , Microsoft order it was in word with other phone makers using Android .
Microsoft is n’t the only company posing a terror to Android . Apple has sued HTC over its Android telephone set , andOracle has process Google over the way of life it handles Java in Android .
Microsoft even touch to those case in its web log situation about the suit of clothes . “ Our action today just seeks to assure deference for our intellectual property rights infringed by Android devices ; and judging by the late actions by Apple and Oracle , we are not alone in this respect , ” Gutierrez write .
The suits “ are dark clouds over Android , ” saidFlorian Mueller , who founded the NoSoftwarePatents campaign in Europe . “ Google must now act constructively and seek to exercise out amicable arrangements with those correct holders . Otherwise I ’m afraid that third - political party program developers vest their money , creativity and hard oeuvre in the Android platform will be harmed because of an irresponsible approach to intellectual property in a market place in which patent have always toy an essential role . ”
In a argument , Motorola said it had not take in a written matter of the complaint . “ Motorola has a contribute intellectual property portfolio , one of the strongest in the industry . The company will vigorously defend itself in this topic , ” it say .
The first telephone running Microsoft ’s revamped roving phone computer software are scheduled to come along this month . The company has said thatone benefit of using its Windows Phone 7 software program , compare to some of the free OS like Android or Symbian , is that it has a broad patent portfolio and can protect handset makers from threats .
“ Microsoft indemnifies its Windows Phone 7 licensees against patent infringement claim , ” the company order lately . “ We stand behind our merchandise , and step up to our responsibility to remove the necessary IP rights . ”
Gold questioned the timing of the Motorola suit of clothes . “ If you ’re give-up the ghost out and process everyone and you ’re about to release a young O , what ’s going to grab the headlines ? You want your newfangled OS to , not the lawsuit , ” he said .
Updated on October 4 with more information throughout the clause .