LWN.net Logo

Microsoft plus Nokia: Pending patent troll? (InfoWorld)

Simon Phipps looks at Microsoft's Nokia acquisition with an emphasis on Nokia's patents. "By divesting its devices business yet retaining ownership of the patents that relate to them, Nokia has immunized itself from retaliatory action when it makes future patent offensives. In the past, a company such as Google -- most likely Nokia's primary target -- could retaliate by attacking Nokia's infringement of its own patents, but that line of defense is no longer available since all the products now belong to Microsoft. That's the background to Nokia's statement that it 'plans to continue to build Nokia's patent portfolio [and] to expand its industry-leading technology licensing program.'"
(Log in to post comments)

Microsoft plus Nokia: Pending patent troll? (InfoWorld)

Posted Sep 4, 2013 15:30 UTC (Wed) by hadrons123 (guest, #72126) [Link]

The patent wars are usually small hurdles in the way, but the patents were never able to hurt a platform as such in the history of Big operating systems.

Apple lost to Microsoft in early 90s and Apple and Microsoft most likely wont succeed against android either. No one can stop Android until users switch to other platforms. Patent wars are fodder for journalists but those lawsuits were never able materialize/leverage as much as alleged initially in any lawsuit. Moreover the funny thing about patent lawsuits are mostly very long and the products are almost extinct in the market when any kind of meaningful ban arrives. Then comes the appeals court. You can almost forget the lawsuit by then.

The whole mobile phone business is going to have another paradigm shift when google-glass like devices arrives. So its a ever changing market and one who adapts and innovates will succeed and the other will perish in course of time. It doesn't matter if its Microsoft or Apple even if they have big pockets. Both of them could be the next Nokia down the years if they don't have any compelling products.

Microsoft plus Nokia: Pending patent troll? (InfoWorld)

Posted Sep 4, 2013 18:23 UTC (Wed) by khim (subscriber, #9252) [Link]

The patent wars are usually small hurdles in the way, but the patents were never able to hurt a platform as such in the history of Big operating systems.

Why are you so sure? Amstrad sold computers with attractive GUI years before Windows 3.x release, but ultimately this approach failed. Was it harmed in court to much to fight or was it purely marketing failure?

We'll never know: history is written by the winners, but we do know that Apple tried to sue Microsoft - and failed while it tried to sue other folks - and succeeded. And these other folks later folded.

Microsoft plus Nokia: Pending patent troll? (InfoWorld)

Posted Sep 4, 2013 19:50 UTC (Wed) by hadrons123 (guest, #72126) [Link]

Well Android is already a winner with so many companies invested so much into it. So if microsoft had the so called "Killer" patents which could bring down android, they should have already killed Android. But unfortunately for MS,NOKIA they couldn't do it yet. I sincerely don't think Microsoft can kill Android with patent lawsuits. Microsoft's Mobile OS shall only be adopted only if they have a product with compelling reason for people to use it.

Lawsuits has never-defined/never-won anything in "bigger" scale.

The AppleVSsamsung case won at the district court by apple didn't make any dent in Android in US or anywhere in the world, but in fact it added to sales momentum of Samsung. As a matter of fact there is going to be retrial in couple of months and I bet there is going to be a appeal too! The final judgement might reach maybe in a couple of years at the earliest for devices already not in manufacturing. Every day by day USPTO is invalidating the claims of apple's so called strong patents. Microsoft patents would be almost of no use when OEMs have already shifted to new form factor like Glass or smart watch.

Microsoft plus Nokia: Pending patent troll? (InfoWorld)

Posted Sep 4, 2013 19:52 UTC (Wed) by hadrons123 (guest, #72126) [Link]

>Lawsuits has never-defined/never-won anything in "bigger" scale.
in Operating systems.

Microsoft plus Nokia: Pending patent troll? (InfoWorld)

Posted Sep 5, 2013 20:41 UTC (Thu) by wahern (subscriber, #37304) [Link]

Software patents weren't common when operating systems were evolving. It wasn't until the mid 1990s that software patenting began to explode.

The battleground in the 1970s, 1980s, and 1990s was copyright, which thankfully was rather restricted because it requires actual copying of someone's work (knowingly or unknowingly), not simply coming up with the same idea. For example, you can reverse engineer something that's copyrighted and reconstruct it; not so with patents.

Microsoft plus Nokia: Pending patent troll? (InfoWorld)

Posted Sep 6, 2013 4:18 UTC (Fri) by gdt (guest, #6284) [Link]

...patents were never able to hurt a platform as such in the history of Big operating systems

From the mainframe era: Sperry Rand v IBM. Honeywell v Sperry Rand. IBM v Fujitsu.

For many years after Honeywell v Sperry Rand patent litigation wasn't seen as effective as copyright litigation. So cases like USL v BSDi were more focussed on copyright aspects.

What's good for the goose is good for the gander

Posted Sep 4, 2013 16:16 UTC (Wed) by jhhaller (subscriber, #56103) [Link]

While Nokia could continue to go after Google (or more likely, Motorola or other phone manufacturers), it leaves Microsoft in a vulnerable position compared to Motorola. Since all Microsoft has are patent licenses, should Google use more of Motorola's patents against Microsoft, Microsoft can't exchange licenses (other than for their organically written patents), but will have to pay a larger fee to use Motorola's patents. It all works out in the end.

Nokia's position is also interesting in regards to now having carriers as their primary customers. I doubt those carriers look with favor at the possibility that some of the premier phones which customers want may be removed from the market as a result of Nokia actions. Customers don't know or care if they are using NSN network equipment. This also will soften the "we will never license these patents" argument, as now they have licensed them, it's now just a discussion about price. That doesn't mean Nokia won't sell the patents to someone else in the future, as unless suing people is their core competency, the patents may be worth more to someone else.

Microsoft plus Nokia: Pending patent troll? (InfoWorld)

Posted Sep 4, 2013 23:20 UTC (Wed) by aoeu (guest, #84301) [Link]

OTOH Nokia has probably been acting in the knowledge that their mobile division is going away for a year or two already. The Microsoft deal only dropped Nokia's employee count from 97k to 65k. That's significant, but it's not like their mobile phone division has not been shrinking for years. I doubt Nokia will become much more vicious than it has already been.

Microsoft plus Nokia: Pending patent troll? (InfoWorld)

Posted Sep 8, 2013 18:37 UTC (Sun) by pr1268 (subscriber, #24648) [Link]

This may be pertinent to the discussion (especially since Android is mentioned): Nokia is Gone, but Newkia is here.

Copyright © 2013, Eklektix, Inc.
Comments and public postings are copyrighted by their creators.
Linux is a registered trademark of Linus Torvalds