Software giant Microsoft has sued handset manufacturer Motorola for allegedly infringing nine patents used in its gadgets powered by the Android operating system.
The lawsuit comes as Microsoft prepares to go head-to-head with Google’s increasingly popular operating system with its own Windows 7 Mobile platform to be released within days in an attempt to win back its evaporating market share.
The suit also comes amid a wide range of legal action criss-crossing the industry, with Apple, Nokia, HTC, Oracle and Google all involved in patent infringement cases, many of which hinge on technical details contained within versions of various software products.
Microsoft said in a statement complaints had been filed with the International Trade Commission and US Washington District Court for infringement of nine separate patents.
“The patents at issue relate to a range of functionality embodied in Motorola’s Android smartphone devices that are essential to the smartphone user experience, including synchronising email, calendars and contacts, scheduling meetings, and notifying applications of changes in signal strength and battery power,” Horacio Gutierrez, corporate vice president and deputy general counsel, said in a statement.
“We have a responsibility to our customers, partners, and shareholders to safeguard the billions of dollars we invest each year in bringing innovative software products and services to market. Motorola needs to stop its infringement of our patented inventions in its Android smartphones.”
In a further blog post, Gutierrez said the lawsuit is an attempt to “ensure respect” for the company’s intellectual property rights, and referenced similar actions taken by other manufacturers including Apple and Oracle.
Motorola has moved away from using Microsoft’s OS to using the cheaper, more flexible, Android. The shift has stressed the relationship between both companies, but in a statement Motorola said it will defend itself in court.
“Motorola has a leading intellectual property portfolio, one of the strongest in the industry. The company will vigorously defend itself,” the company said in a statement.
Google has not been named as a party to the suit, but in a statement delivered to the Wall Street Journal, a spokesperson said that it is “disappointed that Microsoft prefers to compete over old patents rather than new products”.
“While we are not a party to this lawsuit, we stand behind the Android platform and the partners who have helped us to develop it.”
The lawsuit comes as Microsoft prepares to launch its Windows 7 Mobile platform – a crucial event for the company. It has lost market share to Apple and Google and hopes the new minimalist design will help the company compete against its more popular competitors.
But according to research firm IDC, Microsoft is expected to see its market share fall from 13% in 2008 to just 6.8% this year, while Google is expected to reach 16.3% from just 1% in the same amount of time.
However, there is some hope for Microsoft. Its new platform has received solid reviews and according to Terry Myerson, corporate vice president for Windows Phone Engineering, the object of Windows Mobile is to establish Microsoft as a credible mobile platform in the hope of gaining popularity.
“The goal is to be in the game, to establish our reputation and credibility,” he told the WSJ. “That’s not a unit-volume and revenue goal, but it’s the foundation for a real business.”
Patrick Stafford is a freelance journalist and a former deputy editor of SmartCompany.
