In the latest episode of software giant patent infringement lawsuits, Microsoft has sued Motorola over non-US made handheld phones. Microsoft alleges that various Motorola phones, including the Droid 2, Droid X and Backflip, infringe seven of Microsoft's patents. The patents in question relate to the android mobile operating system and involve methods for, among others, ActiveSync email synchronization patents.
Considering that Google is set to acquire Motorola, this suit is the latest suit in the web of suits between Apple, Microsoft, Google, and other tech companies. (Click here for a good graphic documenting these suits) Based on the rash of litigation surrounding Android software, it appears that any company attempting to manufacture or sell android software is going to be involved in litigation. However, Microsoft has already won a case against HTC and is currently receiving $5.00 per phone. Thus, it is perceived that this suit is merely a negotiating tool for a similar licensing structure. It is rumored that Microsoft is now looking for royalties between $7.00 and $12.00 per device.
Despite the outrage due to the large number of suits in the software patent arena, a majority of civil suits, regardless of the subject matter, are settled before they ever reach court. If one of these software suits is able to reach the Federal Circuit, the Federal Circuit may be able to set down firm precedent to prevent future lawsuits. Until then, however, these suits should not be reason for outrage, and can merely be viewed as negotiating chips, as they have yet to prove to be much more. Microsoft has a large patent portfolio, a valuable business asset, and is using this asset just as any other asset is used, to generate a profit.
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