Linked by Thom Holwerda on Wed 6th Jul 2011 14:00 UTC
Microsoft Well, paint me red and call me a girl scout, I totally did not see this one coming at all. This is so utterly surprising it made my brain explode. Hold on to your panties, because this will rock your world. After pressuring several smaller Android vendors into submission (and yes, HTC is still relatively small compared to other players), Microsoft is now moving on to the big one: Redmond is demanding $15 for every Samsung Android device sold. Samsung's choices are simple: pay up, or face another epic lawsuit.
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RE: wow
by lemur2 on Thu 7th Jul 2011 00:27 UTC in reply to "wow"
lemur2
Member since:
2007-02-17

As for Google getting involved, they may not be able to. Microsoft hasn't sued them. So while they make the software, they aren't distributing it so they aren't a party of the lawsuit. IANAL, but its at least a possibility.


IMO Microsoft hasn't sued Google primarily because software itself is not patentable, even in the US now, since the "Bilski" case.

http://en.wikipedia.org/wiki/Machine-or-transformation_test

"In United States patent law, the machine-or-transformation test is a test of patent eligibility under which a claim to a process qualifies to be considered for patenting if it (1) is implemented with a particular machine, that is, one specifically devised and adapted to carry out the process in a way that is not concededly conventional and is not trivial; or else (2) transforms an article from one thing or state to another."


As Google provides it, Android is just software. It is not "implemented in a specific machine" until someone like B&N, HTC or Samsung put Android on to particular devices and sell them.

Hence, because of the machine or transformation test for patentability, Microsoft might be able under the law to sue B&N, HTC or Samsung but not Google (since Google aren't selling machines).

Edited 2011-07-07 00:28 UTC

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