Microsoft-TomTom cases set course for courtroom
Satellite navigation firm TomTom has filed a patent suit against Microsoft. It follows a recent Microsoft filing against TomTom, also alleging patent violation.
As we reported a few weeks ago, Microsoft claims TomTom products breach five Microsoft patents involving navigation technology. In a bizarre twist, the Microsoft claim also covers three of its patents dealing with a Linux-based file system used in the TomTom devices.
At the time, Microsoft said it only launched the legal action after its attempts to negotiate a licensing deal were unsuccessful. TomTom didn’t believe it breached the patents and thus didn’t see any need to license the technology.
Now TomTom is taking action over what it claims is a violation of its own patents. It’s targeting the Microsoft program Streets and Trips and says it breaches four TomTom patents. The filing claims Microsoft had ignored previous warnings about the breach and should therefore pay a higher level of damages for ‘willful infringement’.
Microsoft has already said the new filing won’t affect its intentions in pursuing its own claims against TomTom. Top Microsoft lawyer Horacio Gutierrez said, “We are reviewing TomTom’s filing, which we have just received. As has been the case for more than a year, we remain committed to a licensing solution, although we will continue to press ahead with the complaints we initiated in the U.S. District Court for the Western District of Washington and the International Trade Commission.”
The case is clearly tit-for-tat: TomTom’s Taco Titulaer told CNN “This countersuit is in response to (what happened in) February.”
It remains to be seen how solid the TomTom case is, and whether it’s intended as a bargaining chip as much as a genuine grievance. Given the risks and costs associated with any legal action, it wouldn’t be shocking to see the two sides reach a settlement that drops both cases and sets up a mutual licensing deal for a nominal fee.
Related Posts:
