Version: 2008

Comments on: Microsoft sues TomTom for alleged patent infringement

Although Microsoft has been on the receiving end of plenty of patent complaints, this is only the third major case the company itself has filed.

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by The_happy_switcher February 25, 2009 1:34 PM PST
Expect lots more patent lawsuits from desperate companies with 11 year stock lows.
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by viper396 February 25, 2009 3:40 PM PST
Apple also tends to play the same patent game so what exactly is your point? Or are you just talking out of your rear-end again? Your habit of posting pointless and irrational rhetoric makes you look completely stupid as a Mac user.
by whizkid454 February 25, 2009 5:16 PM PST
I'll keep that in mind when I see the headline: "Apple sues Palm over patent infringement"

Then I'll think. Oh yeah, Apple should be worried that they have a competitor that has the better product.
by Jsmith018 February 25, 2009 5:44 PM PST
Correct me if I'm wrong but hasn't Apple done this same thing. Use facts for once in your pathetic life.
by cardfan1212 February 25, 2009 6:17 PM PST
If apple tried to sue Palm, palm would have a field day countersuing considering apple has ripped IP from Palm for their iphone. Let apple sue, they will end up the loser
by dumbspammers February 25, 2009 7:24 PM PST
Patent number 6,175,789 is invalid by reason of prior art; there are numerous Web sites predating the filing of the patent (as far back as 1999) detailing such a car computer. Patent number 7,054,745 is likewise invalid due to prior art; Mapquest predates the filing (created in 1996). Patent number 6,704,032 likewise invalid; see Digital Research GEM, which existed before MS Windows and is contemporaneous with Apple's older OS. The '286 patent I will not address. The 6,202,008 patent again fails due to prior art, and due to having combined two existing technologies in a way which is neither novel nor non-obvious.

These patents exist only because the US Patent Office fails to perform due diligence and determine the validity of patents before issuing a patent number.
by tcr071 February 25, 2009 8:09 PM PST
Apple just sued Palm.

And speaking of low stocks... Apple stock has fallen 100 points since May of 2008.
by aMUSICsite February 26, 2009 3:24 AM PST
"Expect lots more patent lawsuits from desperate companies with 11 year stock lows"

I would say this is true of ALL companies with patents they can use and falling stock levels. Just because Apple might do it too don't make the initial statement false!
by myles taylor February 26, 2009 7:58 AM PST
Hey guys, he didn't even mention Apple. His point is perfectly valid and just because his name is "Applerocks" doesn't mean anything. Yes Apple does it too and yes Apple has had stock hits as well but since Apple wasn't mentioned, can't you let this one go?
by r13k1 February 26, 2009 3:23 PM PST
Yo, Apple rocks. Your my hero as the top troll with no life. I am pro abortion by the way and your mom made a bad decision!!!!!!!!!!!
by J. Blow February 26, 2009 4:18 PM PST
dumbspammers - learn something about patents please. Prior art doesn't invalidate a patent it mearly means the company that OWNS the prior art, sometimes, won't be considered in violation of an issued patent.

In no way does prior art invalidate a patent. The only case where this is true is when some form of intellectual property is a defacto standard.
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by Penguinisto February 25, 2009 2:09 PM PST
Any idea exactly what patents were involved?
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by Demolition February 25, 2009 2:48 PM PST
According to Microsoft's complaint, the patents are: 6,175,789; 7,054,745; 6,704,032; 7,117,286; 6,202,008; 5,579,517; 5,758,352; and 6,256,642

Three are related to the way TomTom uses Linux in their devices and the other five concern proprietary Microsoft software.

A PDF of the complaint is available at: http://media.techflash.com/documents/tomtomComplaint.pdf
by trd1282 February 25, 2009 2:56 PM PST
The way TomTom uses linux??? are we joking?
by Penguinisto February 25, 2009 3:00 PM PST
Thx muchly...

I find it funny though that MSFT somehow managed to wrangle a patent on "Open Platform Architecture"... ***?

Also, prior art damned sure exists for the 2nd one (which was granted in 2006), which seems to describe nothing but a basic in-car GPS appliance.

...but get a load of these:

"Vehicle Computer System with Wireless Connectivity"
"Portable Computing Device-Integrated Appliance"
"Common NameSpace for Long and Short Filenames"

W.T.F. ?

Is Microsoft just begging to lose, or are they hoping that attrition will eke them out a settlement?
by Shaun822 February 25, 2009 3:10 PM PST
Be nice if they added the patent appendices to that complaint so that we could have a better idea of the technical uniqueness of the devices and items Microsoft claims were breached.
by Vegaman_Dan February 25, 2009 3:27 PM PST
As much as I hate to say it, if Microsoft had existing patents for things as obvious as those listed, then they have to defend it. Apple is doing the same for multitouch even though they didn't invent it or have prior art- they did get the patent though, so...

I really hate the patent system as it's built and administered. Companies are forced to take out patents on things that are exceedingly obvious because if you don't, some other company will and you'll end up paying them for it.

I'm surprised that TomTom uses Linux as the backend- or did. Most GPS's that I've messed with still use a very old version of WinCE.

I wonder if this is one of the reasons that Apple won't allow turn by turn directions on the iPhone? What sort of patents would they be running afoul of if they did it?

Back in the early ages of GPS, there was Magellan, Garmin.... and Microsoft. Yeah, they were there early on with Streets and Trips, being one of the first to offer vehicle turn by turn directions. It doesn't resemble the ease of use of today's offerings, but they were there back in the day.

I don't have to like it, but I do have to give MSFT credit for defending something that they do legitimately have the right to.
by Penguinisto February 25, 2009 3:31 PM PST
...so if they offered a licensing agreement for the sun total of $1.00?

I'm guessing that won't happen.
by unknown unknown February 25, 2009 4:01 PM PST
"As much as I hate to say it, if Microsoft had existing patents for things as obvious as those listed, then they have to defend it."

No they don't. Trademark law is the only IP law where you have to defend your mark or loose it.
by bonesbautista February 25, 2009 4:33 PM PST
@Vegaman_Dan - I'm wondering why people keep bringing up the Apple-multitouch patent gripe. Apple bought Fingerworks, Fingerworks designed and copyrighted multitouch interaction with computers years ago. What's the beef - the Patent Office didn't have one.
by shootthecops February 25, 2009 3:59 PM PST
some slashdotter pointed out that tomtom is a habitual gpl violator. looks like m$ is doing the OSS crowd a favor lol
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by unknown unknown February 25, 2009 4:00 PM PST
Hopefully recent rulings limiting what can be patented, especially in software world, will put an end to this.
To bad the ITC doesn't have abide by these decisions, they stop imports even on obviously bad patents, allow complaining company to hold the others sales ransom and extort a settlement.
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by JoeF2 February 25, 2009 4:06 PM PST
At least one of the patents may have to do with FAT32 (the one about "long and short filenames").
It is known that MS has patents on FAT32 stuff.
I think they license that to all the USB stick makers already.
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by ikramerica--2008 February 25, 2009 4:54 PM PST
This is the same MS that didn't put full FAT32 support into Windows NT, 2000 and XP just so they could push their proprietary NTFS? Are you sure they have patents on FAT32? Because if they do, is the license for NTFS costlier or something? I thought the USB stick and external HD companies (and Apple in Windows compatibility features) used FAT16 and FAT32 specifically because they didn't want to pay MS for the license of NTFS.
by pentest February 25, 2009 11:03 PM PST
FAT32 is based on prior art and is obvious.

In fact, I doubt any software patent could face scrutiny and survive.
by JoeF2 February 25, 2009 11:39 PM PST
@pentest:
"FAT32 is based on prior art and is obvious."

Well, according to some posts over at LWN, Microsoft's FAT patent was invalidated in 2004 and reinstated in 2006.
So much for " I doubt any software patent could face scrutiny and survive."...

The Linux angle is of course that the Linux kernel has a FAT32 driver.
by odubtaig February 26, 2009 2:38 AM PST
Regardless of the patent's validity (which is the most obvious crock I've seen in a long time, I say take it to the highest court) the level of liability would be different. External storage manufacturers could argue that as their devices only store the data that they are not implementing the filesystem and so not violating the patent as these devices still require a licensed product to be usable. TomTom on the other hand are selling a product which performs operations on the filesystem and so obviously directly implements this filesystem.
by JoeF2 February 26, 2009 7:29 AM PST
@odubtaig
"External storage manufacturers could argue that as their devices only store the data that they are not implementing the filesystem and so not violating the patent as these devices still require a licensed product to be usable."

Hmm, you don't seem to be in software development...
Anybody storing data on a device formatted with FAT32 obviously has to implement the filesystem functionality.
TomTom reads map data off FAT32-formatted SD drives. Not different than any other SD-drive reader.
Of course, a relatively straightforward way around that would be to use some other organization/filesystem. Ext2 comes to mind. There is an Ext2 filesystem driver for Windows, so it should not be too hard for a decent development team to get that package-ready for Windows. The short-filename-to-long-filename kludge on FAT32 is ugly as hell, anyway.
by pentest February 26, 2009 10:51 AM PST
Just because the patent office validated it doesn't make it so.

They don't do any due diligence, instead forcing the courts to do their job.

FAT32 is a sham patent. It basically boils down to an array of pointers.
by JoeF2 February 26, 2009 3:39 PM PST
@pentest:

While FATx may just be an array of pointers, the patent Microsoft has and alleges TomTom to infringe on is about mapping short filenames to long filenames. That's something that is very specific to FAT32, since it is a workaround for allowing more than the 8.3 filenames. Other filesystems (except CP/M, where MS got the basic idea from) don't use 8.3 filenames and obviously have no need for this kludgy mapping. Ok, there is one other filesystem that has something like that, the Rockridge extensions for CD-ROMs. But if I remember right, that works differently, with a hidden file containing the mapping for all files.
by pentest February 28, 2009 12:02 PM PST
Mapping one thing to another is not patentable either.

It is a bad joke.
by mwreed3 February 25, 2009 4:46 PM PST
This seems like a completely legitimate action. According to several accounts, MS and TomTom have been in talks over licensing, and if TomTom walked away from the table, then what else could they expect to happen.
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by bryan314 February 25, 2009 6:55 PM PST
Actually, if their patents are weak, they're nuts trying to enforce them as they can easily be invalidated. Remember: patents are reviewed and issued by the patent office, but anybody with standing can dispute the validity of the patent...it's just expensive.
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by pentest February 25, 2009 11:04 PM PST
MS must be desperate to an SCO degree.
by dennisl59 February 25, 2009 8:16 PM PST
I guess the MS lawyers needed something to do to justify their retainers. Another grand waste of money so MS can get "costs" under control? MORONS.
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by Ravi_kumarnakhale February 26, 2009 4:22 AM PST
I guess the MS lawyers needed something to do to justify their retainers. I also agree on this
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by markb1967 February 26, 2009 8:29 AM PST
Ha funny how the company that stole or borrowed so many computer ideas is now the one crying foul!
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by mikesax February 26, 2009 9:15 AM PST
If TomTom really believes they shouldn't license these patents, let them have their day in court. They're a big company (1.6 Billion Euros in revenues!) and they have a ton of experience in both licensing patents and suing other companies for infringement.
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by jtjt145 February 26, 2009 1:37 PM PST
MICRO$OFT THE LOWEST OF THE LOWEST!

Shun them! Get rid them in your domain! Hurt them where ever you can!
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by JasonCe February 27, 2009 8:31 PM PST
morons like you should be banned from commenting. ever.
by t8 February 28, 2009 1:22 PM PST
This is not a moronic comment because if enough people had this attitude, then the computing world would be more open, less expensive, and Microsoft would have to compete on the merits of each program they create rather than relying on illegal bundling of crap.
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