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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Well, excuse my ignorance, but
by LB06 on Wed 6th Jul 2011 16:39 UTC
LB06
Member since:
2005-07-06

Couldn't Samsung just reimplement the pieces of software that are supposedly infringing upon those software patents if they want to avoid going to court?

Reply Score: 2

ssokolow Member since:
2010-01-21

The problem is that software patents used for troll-like behaviour tend to be things that are obvious and sometimes fundamental to programmers (and often have been quietly used for years) but non-obvious to patent examiners not versed in computer science.

Often, they're the programmer equivalent of "Microsoft patents oxygen-based metabolic processes". Sure, there are alternatives, but unless you're living in volcanic vents, they're possibly fatal.

(And court challenges are horrendously expensive, so prior art effectively doesn't matter once the patent is granted)

Reply Parent Score: 5

JAlexoid Member since:
2009-05-19

Even MS knows that at this stage. After their fiasco with i4i.

They all want easier patent invalidation procedures. Problem is, Microsoft wants them being easier for big corporations not everyone.

Reply Parent Score: 2

allanregistos Member since:
2011-02-10

Couldn't Samsung just reimplement the pieces of software that are supposedly infringing upon those software patents if they want to avoid going to court?

No, even if Samsung will re-implement their software a thousand times, Microsoft will demand a payment of $15 a thousand times more. So it is going to be more expensive on the part of Samsung. By the way, software patent as I understood is about ideas, pieces of software is irrelevant.

Reply Parent Score: 1

lemur2 Member since:
2007-02-17

"Couldn't Samsung just reimplement the pieces of software that are supposedly infringing upon those software patents if they want to avoid going to court?

No, even if Samsung will re-implement their software a thousand times, Microsoft will demand a payment of $15 a thousand times more. So it is going to be more expensive on the part of Samsung. By the way, software patent as I understood is about ideas, pieces of software is irrelevant.
"

Patents are not awarded for ideas, they are awarded for methods.

As an example of what this means: you might be awarded a patent for inventing a new type of water pump, but you will not be awarded a patent for the idea of pumping water. Another inventor, with yet another new type of water pump might also get a patent later on.

Patents are awarded for new (and supposedly better than the existing) methods of doing things, and not for the idea itself of doing those things. To avoid existing patents, all that one needs to do is come up with a different way of doing whatever methods it is that are patented.

Reply Parent Score: 3