Microsoft takes mouse maker to court

Microsoft, which is no stranger to being on the receiving end of patent infringement claims, now finds itself on the other side of the legal docket.

Late Wednesday, the software maker filed legal actions against a Taiwanese company it says is violating the company's hardware patents related to computer mice.

Microsoft said it has filed a complaint with the International Trade Commission after failing to be able to negotiate a licensing deal with Primax Electronics. In the complaint, Microsoft is seeking an order barring Primax from importing infringing products into the United States.

In an interview, Microsoft Deputy General Counsel Horacio Gutierrez said the company made the moves only after "repeated attempts to engage in meaningful license terms over the past two years."

Gutierrez noted that Microsoft has had an open policy with regard to licensing its intellectual property for years and that more than 20 companies are part of its hardware technology licensing program, including companies such as Targus, Fellowes, and RadioShack.

Although other Taiwanese companies have taken a license to Microsoft technology, Gutierrez said that Primax showed no willingness to do so.

"We've actually approached them repeatedly," he said. "The conversations never got anywhere."

Microsoft is suing over seven patents related to two technologies used in computer mice. The first, known as U2, allows a mouse to connect to both USB and PS/2 ports, auto detecting which port is being used. The second, dubbed TiltWheel, has to do with adding additional cursor movement abilities to the mouse via tilting.

Although Microsoft rarely is the plaintiff in patent cases, it has gone to court over its mouse patents before, suing Compton, Calif.-based Belkin back in August 2006. The two sides settled just a few months later, Gutierrez said.

[kieranmullen]

Are these really revolutionary changes that warrant a patent? Is Microsoft not just grasping at straws here?

KieranMullen
http://360oregon.com

[mgoeckner]

I suspect that the patents are somewhat old (perhaps as much as 15 years old). Patents are good for 20 years. So at the time they were probably new ideas.

[Penguinisto]

Nope - these are specific patents.

/P
http://www.keepportlandweird.com/

[Seaspray0]

In this case, kieranmullen, the patent isn't exactly vague. They actually developed the hardware that lets a mouse detect whether it's on a USB or PS2 port and it's in use. And the tiltwheel would be just as valid a patent as the apple patent on their scroll wheel on the ipod. Since all others have already addopted licensing, I'd say microsoft has a pretty good leg to stand on.

[codevalley]

People always are biased when it comes to Microsoft. Most have the feeling they are monopolists. But the fact remains that to get a patent, small or big, requires effort. And, they have all the rights to see that it remains intact. My vote for M$.
http://www.thecodevalley.com

[Maccess]

But, that's just missing the point. Microsoft claims to be a software vendor, but they enter niches in the hardware space, but then sue other companies that make hardware that work with their software just because they're also trying to sell similar hardware.

[maverick_nick]

Microsoft is a software company, and these patents are software related. Besides, calling themselves a software company doesn't mean that they can't develop hardware products as well - it's called diversification. There is no patent on the hardware, but on the method of port usage detection and tilt wheel implementation. If you're gonna use a patented technology then you've got to pay the patent holder. This is not even an opinionated matter, but a hard and fast law. If it were Apple suing for the same thing, then you wouldn't have any complaint would ya?

[KevinK]

While I am no great fan of Microsoft, I would hardly characterize them as a niche hardware maker. They manufacture an extensive line of reliable, well engineered keyboards and mice and have been in this business for a long time. They also manufacture the Xbox 360 and Zune (neither of which I own) both of which had very substantial native engineering content. They hold a lot of patents in the area of HID (mice, keyboards, usb hardware etc..) and in this case they are certainly defensible. I imagine they will prevail on this one rightfully.

[JoshRojas]

I would bet that if Linux had made such a claim, no one would be standing with pitch forks and flames ready to take down the beast. However, because MS is making the claim, they are "grasping at straws". It amazes me the hatred that some have for MS. As a proficient Linux and Windows user, Technology Manager and Software Developer, I find it amusing the double standard and bias that exists. :)

I smell smoke....I guess they are coming after me now. :)

[Penguinisto]

I would bet that you're making stupid assumptions.

MSFT actually passes the test in this one because:
1) they actually make/sell the products covered by said patents, and
2) it's not some sort of submarine patent action, and
3) there is no prior art for these critters.

/P

[Penguinisto]

Actually, the thing may indeed have merit, as:

1) this is a hardware patent (for once), and

2) not some nebulous overly-broad software patent.

Also, I doubt anyone is going to find prior art on either of the two...

/P

[shevaberg]

It would be alright if other companies didn't patent troll also... isn't nintendo being sued over the DS becuase someguy had a sketch of a sit down computer that came out 5 years before the ds...

You can't have people saying patents for the little guys and the that they big companies cannot protect their interests...

[SlimGem]

I assume Logitech is a licensee also, since they utilize these features in their products too. Interesting. MicroSoft does make a decent mouse, I will admit.

[Burnsie001]

Is there any reference to the patent numbers? Maybe they are about to expire. Probably still valid for 10 more years though.

[OSXRadio]

I just switched to Mac last week, but my vote is for Microsoft. They do engineer pretty good mice, although I use Razer.

[lhcj]

keep in mind, Microsoft is a convicted Monopolist. Consider it a bank robber. But unlike the convicted bank robber they got to keep the money. And they continue to use it to extend their monopoly. They should of been broken up. Companies they damaged or destroyed should of got patents and cash or the patents should of been turned over to the public. Microsoft remains evil forever.