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3 reasons why MS don’t sue for Google about Android patents

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This is a post in English. If you prefer the Korean, you can find it here.


The MS changed the point of a sword to new target. The new victim is, one of the biggest companies in IT and Android industry, Samsung electronics. (refer: http://bit.ly/njEmAh)

MS had pointed Samsung because its GalaxyS and GalaxyS II both are hitting the market.(The sales of GalaxyS II is so fast that sales number has already been above 3 million although it isn’t released to US yet.) MS want to get $15 per device as royalty. They had a deep relationship in the past but they were apart after Samsung had adopted the Android as a main platform for smartphone and developed own platform(Bada) for themselves. So this lawsuit will improve the relationship because Samsung want to lower the royalty by having deep alliance with MS for Windows Phone. Because Samsung has the best know-how to make good product, MS can kill two birds with one stone.(Wait a minute. Bada is developed based on Linux. Samsung should pay more.)

I think these lawsuits will not stop. Maybe next will be LG electronics or ZTE. In addition to that, Android is adopted to several areas including tablet, set-top box, automobile, TV, etc.(Don’t forget the E-Book. Amazon already licensed with MS and Barnes&Noble is arguing with MS)

By the way, there is something wired. We cannot find any clues that MS will sue for Google. Really strange thing! Google is the originator of Android(not exactly) and release it to the world. If MS want to settle the patent infringement issues, they should follow the Oracle’s path. Why don’t MS sue for Google?

1. Hardware makers are easier to oppress than Software makers

According to US Federal Law, the patent infringement is like this.(reference: http://1.usa.gov/2Fn4vJ)
So we guess that hardware product is easier than software product. Software has several distribution channels so it’s difficult to prohibit the distribution soon. But hardware is different. As you know, US is the one of the biggest markets in the world. To the Android device makers, the sale or import prohibition to US is the most afraid of thing they don’t like. So they want to settle down the patent issue as soon as possible if the infringement is right. The amount of damage from prohibition is more expensive than loyalty.

2. It’s difficult to figure out the amount of sales of Google

The most used rule for damages is ‘25% rule’. This rule is used as reasonable standard to determine the damages same as the 25% of expected profit of product. But it is needed to consider several things to calculate the expected profit of product. One of the most import thing is the all amount of sales of product. We already know that Android is free. Makers should pay little Google to get the certification to use official Google market but it’s not huge. From MS viewpoint, it’s not easy to get the damages from Google and the entire money will be low. By contrast, it’s a piece of cake to get the information related to sales of makers. Sales prices are also well known that MS can calculate the whole loyalties from Samsung. In conclusion, MS don’t need to push Google at now.

3. MS get more profits from not oppressing the Google

When did Google do when the Android alliances(HTC, Amazon, Barnes&Noble, Samsung, etc) were suffered from the threaten from MS? I googled the web and found below comment from Google.

‘Sweeping software patent claims like Microsoft’s threaten innovation. 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.’

They used the phrase ‘stand behind’ so they might help the alliances. But no action until now!. I think the actual mean of their comment ‘stand behind’ was back behind.
‘We will step aside because we’re not sued yet. Good luck~’
The Android devices will be sold more and more continuously and MS will earn the money from them. So I can’t find any reasons why MS stimulate the Google and make them to find the avoidance.

P.S 1 : When Google launched the first Android, MS said Android violated the 200 of patents they have. At that time, nobody had concern with that…

P.S 2 : When I looked into the complaint against Barnes&Noble, the patents which MS have are 5.(reference: http://scr.bi/dWhK8f)

P.S 3 : The 5 patents are like this. All are related to the UI.
Patent number 5,889,522(http://bit.ly/qjGBOh), Patent number 5,778,372(http://bit.ly/oMv482), Patent number 6,339,780(http://bit.ly/phLLGa), Patent number 6,891,551(http://bit.ly/n85vB9), Patent number 6,957,233(http://bit.ly/qXVoT8)


Written by Mike Kim

2011년 7월 11일 , 시간: 2:01 오전

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