x PhoneArena is looking for new authors in New York! To view all available positions, click here.
  • Home
  • News
  • Microsoft sues Samsung for not living up to terms of a cross-licensing pact

Microsoft sues Samsung for not living up to terms of a cross-licensing pact

Posted: , by Alan F.

Tags:

Microsoft sues Samsung for not living up to terms of a cross-licensing pact
Today, Microsoft filed a lawsuit against Samsung in the U.S. District Court, Southern District of New York. Microsoft is seeking legal help in getting Samsung to pay Microsoft as per the terms of a contract between them. Ironically, Microsoft owns a number of patents related to the production of Android devices, and both companies entered into a cross-licensing agreement in 2011, to share each others' IP.

As Microsoft has pointed out, in the years since that contract was signed, Samsung has quadrupled its smartphone sales, and now is the world's leading supplier of these devices. The year that both sides signed the pact, Samsung had sold 82 million intelligent handsets. Three short years later, Samsung is on pace to sell 314 million units. As a result of this increase, Samsung's financial obligations to Microsoft from the contract, had increased sharply.

According to  David Howard, Corporate Vice President & Deputy General Counsel for Microsoft, Samsung was looking for a way out of the contract, and used Microsoft's purchase of Nokia Devices and Services as a reason to claim that the contract was no longer valid.

"We don’t take lightly filing a legal action, especially against a company with which we’ve enjoyed a long and productive partnership. Unfortunately, even partners sometimes disagree. After spending months trying to resolve our disagreement, Samsung has made clear in a series of letters and discussions that we have a fundamental disagreement as to the meaning of our contract."-David Howard, Corporate Vice President & Deputy General Counsel, Microsoft

Samsung has yet to make public its side of the story, something we will no doubt hear about as this case slowly, but surely, makes its way to a courtroom. First Apple, and now Microsoft. Could it be that Samsung has a problem getting along with others?

source: Microsoft via AndroidCentral

112 Comments
  • Options
    Close




posted on 01 Aug 2014, 19:43 5

1. Jinto (Posts: 399; Member since: 15 Jan 2014)


Wow, ms, just wow

posted on 01 Aug 2014, 20:09 19

5. 87186 (Posts: 42; Member since: 01 Aug 2014)


what are you "wowing" MS for? they have a contractual agreement with a company, and that said company is not living up to their end of the agreement. yet, you're "wowing" MS? hahaah makes sense.

posted on 01 Aug 2014, 20:16 10

7. tedkord (Posts: 4764; Member since: 17 Jun 2009)


Possibly, but we don't know that Samsung hasn't lived up to its contractual obligation. The court will decide that.

posted on 01 Aug 2014, 20:18

8. 87186 (Posts: 42; Member since: 01 Aug 2014)


sure.

posted on 02 Aug 2014, 09:43 1

82. sgodsell (Posts: 1237; Member since: 16 Mar 2013)


If I was Samsung. I would help Microsoft right now with the components they need. Start by adding special fees onto the components for the Good customers like Microsoft. Add a FY fee onto every part that Microsoft's purchases. Deliver sub-par components. What ever it takes to screw with Microsoft.

posted on 01 Aug 2014, 20:21 8

10. elitewolverine (Posts: 1594; Member since: 28 Oct 2013)


Actually we do, they paid late, and then didn't pay the penalties on the late payment. This is not rocket science here.

posted on 01 Aug 2014, 22:24 1

32. tedkord (Posts: 4764; Member since: 17 Jun 2009)


We don't know the terms of the contract. It's possible that MS voided the terms by their actions. All we know is MS side of the story so far. We don't even know if they actually were late.

posted on 01 Aug 2014, 22:35 4

34. elitewolverine (Posts: 1594; Member since: 28 Oct 2013)


I highly doubt MS would go to court with a fake late payment. That is tin-foil hat stuff right there.

If it turns out they lied, I will reference this post and say you were right.

This is not patent trial type of stuff, this is them going to the court with papers, with those papers all they have to do is show that they paid late to file. Samsung will 'try' to find the 'void' like you stated. But in the end. They paid late.

posted on 02 Aug 2014, 00:37 1

61. tedkord (Posts: 4764; Member since: 17 Jun 2009)


They may well have. The point is neither of us knows. Companies do to court all the time with disagreements over the terms of contracts. You and I have no idea which side is right.

posted on 01 Aug 2014, 22:00 10

30. jdoee100 (Posts: 305; Member since: 04 Jun 2013)


It seems PA already has decided even before the court. "First Apple, and now Microsoft. Could it be that Samsung has a problem getting along with others?" LOL, classic Alan. I'm surprised Alan didn't mention HTC here.

posted on 01 Aug 2014, 22:53 4

38. 0xFFFF (Posts: 3059; Member since: 16 Apr 2014)


"what are you "wowing" MS for? they have a contractual agreement with a company, and that said company is not living up to their end of the agreement. yet, you're "wowing" MS? hahaah makes sense."

I suppose you root for the mafia breaking the kneecaps of shop owners who don't pay their protection money -- even though they have an "agreement" with the mafia?

Microsoft is just a blight on the world -- nothing more than patent troll mafia.

posted on 01 Aug 2014, 23:10 6

40. elitewolverine (Posts: 1594; Member since: 28 Oct 2013)


Yes a tech company that has existed for 3 decades is patent trolling a company that is using patents and technology from that said company...please....mafia. If MS is the mafia, then google is the Nazi's?

posted on 01 Aug 2014, 23:27 9

48. 0xFFFF (Posts: 3059; Member since: 16 Apr 2014)


Microsoft is legendary for being a patent troll. They make more money off of Android phones than nearly all companies making Android phones, by parasitical taxation of the Android device market. That includes every single person who buys an Android phone/tablet/watch/etc.

As for Samsung:

"For over 70 years, Samsung has been dedicated to making a better world through diverse businesses that today span advanced technology, semiconductors, skyscraper and plant construction, petrochemicals, fashion, medicine, finance, hotels, and more. Our flagship company, Samsung Electronics, leads the global market in high-tech electronics manufacturing and digital media."

Note that 70 years part. Note the breadth of industries of Samsung. This is a company that has been making things for a long time. If they had started filing US patents when Microsoft did, things would be very different.

posted on 01 Aug 2014, 23:50 6

56. elitewolverine (Posts: 1594; Member since: 28 Oct 2013)


If you think Samsung has not filed patents for years....you sir are wearing a tin foil hat.

Parasitical taxation?

You do know that without some of the ip's that MS holds, your android wouldn't even be able to do some basic functions right?

If anything android has been parasitic, android has stuck the bill to the OEM's. Google bought Moto thinking it would bolster its ip for fight, but there is just some things you cannot get around. Google is smart, sell the name Android, not the OS, so if our OS violates ip's etc, then the OEM has to deal with it. Even now Moto lost its battle and is paying MS, and the new Motorola Solutions is paying MS to use Android.

Oh by the way, the troll you keep wanting to call people that are on the side of patents that have been around before android was born, is under that bridge I have to sell you.

posted on 02 Aug 2014, 08:53 3

76. Ashoaib (Posts: 2044; Member since: 15 Nov 2013)


thats true... samsung came to realise the importance of patents very late... if they had started filling US patents long before others were filling, they might be the biggest patent holders

posted on 01 Aug 2014, 23:28 4

49. 87186 (Posts: 42; Member since: 01 Aug 2014)


hahahah if that helps you sleep at night.

posted on 01 Aug 2014, 23:37 2

51. 0xFFFF (Posts: 3059; Member since: 16 Apr 2014)


Using facts and helping keep BS at bay does help me sleep at night.

posted on 01 Aug 2014, 23:52 4

57. elitewolverine (Posts: 1594; Member since: 28 Oct 2013)


If you had facts to use...how about use some of samsungs facts:

“The fact that Nokia does not manufacture mobile phones any longer signifies that we cannot file a countersuit against it and we have to pay royalties to it. Besides, we are in no position to circumvent, because Nokia owns a large number of basic and standard patents.”

posted on 01 Aug 2014, 23:59 6

58. 0xFFFF (Posts: 3059; Member since: 16 Apr 2014)


Yes, the patent system is thoroughly screwed up and should be completely scrapped.

Patents produce no benefits for most of the people in the world. In fact, patents impose costs on people who should not have to bear those costs.

Microsoft as one of the world's biggest patent trolls, actively harms many people in the world who have nothing to do with Microsoft.

It's sad to see you throw in with Microsoft. They are a rotten company, a blight upon the world.

posted on 02 Aug 2014, 03:36 7

70. sbw44 (Posts: 389; Member since: 04 Dec 2012)


hahahahaaa, the patent system is screwed up just because its your favorite platform that's being sued! If Google/Samsung was suing MS/Nokia then you be all hail the patent system!

posted on 02 Aug 2014, 08:56 2

78. StraightEdgeNexus (Posts: 3245; Member since: 14 Feb 2014)


Same applies to you bro. :)

posted on 02 Aug 2014, 02:45 2

69. gregoryyy3 (Posts: 140; Member since: 10 Nov 2010)


Did you really just use the mafia as an example?

posted on 02 Aug 2014, 11:17 1

94. wax33 (Posts: 45; Member since: 06 Apr 2014)


MS broke contracts too when it felt the other part was getting a better deal because of changing economics. For example, with Nvidia.

posted on 01 Aug 2014, 20:12 1

6. TheWolfpacker (Posts: 43; Member since: 25 Feb 2014)


Why? Why are you wowing Microsoft this time?

posted on 01 Aug 2014, 20:30 3

14. Arte-8800 (banned) (Posts: 4562; Member since: 13 Mar 2014)


I'm wondering what patent and legislation to they hold, that every Android Oems pay Ms...?

posted on 01 Aug 2014, 21:27 1

21. gazmatic (Posts: 621; Member since: 06 Sep 2012)


when the words are blue.... click on them... they are there for a reason... to answer questions like this

posted on 01 Aug 2014, 22:27 3

33. joey_sfb (Posts: 2921; Member since: 29 Mar 2012)


I don't give a horse s**t about patent and rights. My stand is always open competitions and consumer benefits.

Works for the past few centuries, why should this one any different.

posted on 01 Aug 2014, 22:41 2

35. elitewolverine (Posts: 1594; Member since: 28 Oct 2013)


Easy, there is software patents for file system types like fat16 and fat32, there is patents on how things actually run.

There is more, including the patent for your device to even hook up to a pc and be seen.

Also this is not new either, this has been going on before Samsung even was #1 in droid. Heck this is since 2010 and before type stuff.

And if you think android coming late to the game hasn't needed to license tech/ip/etc then I got a bridge to sell you.

posted on 02 Aug 2014, 08:27 1

75. WahyuWisnu (Posts: 1001; Member since: 29 May 2014)


The problem for MS were, once they FREE the price of WP, they can't charge samsung, HTC, etc for android, for the patent that were FREE in WP. This is called DUMPING / unfair business practice.

Samsung is smart, and understand this law. So, when microsoft keep asking samsung to pay, samsung say NO. Microsoft can take samsung to court, and MIGHT win this battle. But if microsoft do that, then, others android manufacture can also sue microsoft for UNFAIR BUSINESS PRACTICE.

So, by freeing WP, microsoft open a pandora box that will bring down their income.

posted on 02 Aug 2014, 23:45

106. elitewolverine (Posts: 1594; Member since: 28 Oct 2013)


You are misunderstanding patents and OS.

MS can give the OS free, and charge patent fees. Just like google does.

Also if you have the patent, you don't have to charge for it and can lawfully charge others to use it. So if the winos and ms holds the patents to say, filesystems that android uses, they don't have to charge for it. Because android is a 3rd party, they can charge all they want as long as it is 'fair'.

posted on 02 Aug 2014, 09:28

80. Ashoaib (Posts: 2044; Member since: 15 Nov 2013)


I think its related to the file system

posted on 01 Aug 2014, 22:13 3

31. rantao333 (Posts: 236; Member since: 21 May 2013)


samsung has too many records, still wanna defend it?

posted on 02 Aug 2014, 01:32

65. haseebzahid (Posts: 1826; Member since: 22 Feb 2012)


possible they are Korians lolz can misread terms and conditions written in english

posted on 02 Aug 2014, 09:59 1

84. lyndon420 (Posts: 1739; Member since: 11 Jul 2012)


I know right? Anyone else interested in knowing what these secret ms 'Android' patents are? I think it's time they were made public, and also how is it that Google knows how to use them better than the supposed owner of said patents.

posted on 01 Aug 2014, 19:55 11

2. MetroEye (Posts: 9; Member since: 31 Jul 2014)


An agreement is just that! Microsoft has these agreements with apple, and guess what? Neither one is suing the other, because both are sticking to the agreement. Samsung would not have been sued if they kept their end of the deal. It is that simple!

posted on 02 Aug 2014, 10:01

86. willard12 (Posts: 793; Member since: 04 Jul 2012)


Microsft and Apple don't sue each other because MS bailed them out from bankruptcy and Apple wouldn't exist today if not for MS. MS and Apple are also partners in the Rockstar patent trolling consortium. None of those members sue each other.

posted on 02 Aug 2014, 23:46

107. elitewolverine (Posts: 1594; Member since: 28 Oct 2013)


The same consortium they asked google to join, they asked google to join for this very reason. Instead google bought moto thinking it was a better deal.

It wasn't, moto now and then is paying fees.

posted on 01 Aug 2014, 20:00 13

3. GreekGeek (Posts: 788; Member since: 22 Mar 2014)


The whole tech community should sue MS for sucking at everything.

Haven't recalled anything they've done worthwhile since Win7

posted on 01 Aug 2014, 20:27 9

13. Liveitup (Posts: 1231; Member since: 07 Jan 2014)


You need glasses and a new brain, MS has over 15 billion dollar business. The world around you including Android and Apple
runs on Flat Metro aka Modern UI and the world in general has adopted its clean minimalistic approach no more Skeuomorphism, Microsoft sucks at not sucking, now you know, that is worth the while.

posted on 01 Aug 2014, 21:28 13

22. VZWuser76 (Posts: 1408; Member since: 04 Mar 2010)


Enough with the flat BS. You do realize, flat is easier to do then giving the illusion of depth and texture. If you don't believe me, try drawing something, and then try drawing it adding shading and depth. It takes more work to give it a 3 dimensional look. It always makes me laugh when people talk about a minimalist look like it's an accomplishment. It's actually doing LESS work. It's a design fad that MS started and others are adopting. It's no different than fins on a car or chrome trim on anything. But a flat UI is not a game changer, anymore than putting a headphone jack on the bottom of a phone or media player is.

If you really believe it is, then tell me, what other benefit other than aesthetics does it give the customer? At most there may be less rendering, but it's not like the end user is going to get another day of battery life due to less stress on the GPU. If you're going to brag up something that Windows Phone does, there has to be something better than a flat UI.

posted on 01 Aug 2014, 22:53 3

37. Liveitup (Posts: 1231; Member since: 07 Jan 2014)


I'm sure you will like me to ease it with the truth, but I am not a liar sorry to disappoint you. No one is saying that Flat UI is more work I am not sure where you got that, I wholeheartedly agree with you that flat is less, as a matter of fact its one of the principles of Metro aka Modern UI "Less is more" no faux leather, gradients etc etc etc.

How can Flat not be a game changer if the world has moved from one design language to the design language which even you admit is a fad that MS started, Game changer is described as : A person who is a visionary, A game changer is someone who has different ideas and stand out from the crowd. When Metro landed in 2010 in undoubtedly stood out from the crowd, its design language was unlike anything Apple with Android offered now they are more or less an imitation of it and the planet itself has embraced it from app developers to websites and just about everything in between, you have an illogical merit for what is deemed game changing.

You greatly underestimate the power of aesthetics, we all love beautiful women, cars, houses, etc why would a beautiful OS be any different, remember that aesthetics is a part of philosophy dealing with the essence of art, beauty, etc, its basically written in our genetic code the majority of us anyway. Less stress on the GPU is important it compliments a better overall user experience at least from a UI point of view and it isn't like its worse on the battery as opposed to the former design language.

I'm not one to bragging just reminding those who despise that they are misinformed.

However if I was someone who brags then it would be ridiculous not to brag about a game changer, that'd be insulting my intelligence.

posted on 01 Aug 2014, 23:00 3

39. 0xFFFF (Posts: 3059; Member since: 16 Apr 2014)


"Just look carefully, I only want you to look carefully. Do not repeat the lies of liars. Do not become like them. Once again, I blame Al-Areeena before it ascertains what takes place. Please, make sure of what you say and do not play such a role."

"Search for the truth. I tell you things and I always ask you to verify what I say. I told you yesterday that there was an attack on Microsoft's innovations and a retreat at Redmond's legal department."

"You can go and visit those places. Nothing there, no Android at all. There are Microsoft checkpoints. Everything is okay."

"This boa, the Android columns, are being besieged between Redmond and other towns north, west, south and west of Redmond....Now even the Android command is under siege. We are hitting it from the north, east, south and west. We chase them here and they chase us there."

"By God, I think this is rather very unlikely. This is merely a prattle. The fact is that as soon as they reach Redmond gates, we will besiege them and slaughter them....Wherever they go they will find themselves encircled."

-- M. S. al-Liveitupaf, Microsoft Minister of Information

posted on 01 Aug 2014, 23:12 4

43. Liveitup (Posts: 1231; Member since: 07 Jan 2014)


Lucida treatment center awaits you, wow.

posted on 01 Aug 2014, 23:14 7

44. StraightEdgeNexus (Posts: 3245; Member since: 14 Feb 2014)


Change your name to fakeitup!

posted on 01 Aug 2014, 23:20 2

47. Liveitup (Posts: 1231; Member since: 07 Jan 2014)


Tell me what is the fake info?,StraightEdgeLying.

posted on 02 Aug 2014, 08:19 1

74. VZWuser76 (Posts: 1408; Member since: 04 Mar 2010)


Are you f#%king serious? That whole paragraph telling me how essential a flat UI is?

I don't despise MS, in fact it's what I use at home. I just think you're making it out to be WAY more important than it is. It's like if someone said, "OMG, They're using Helvetica instead of Arial Black! This will change everything!!!" And you do realize many things like signage were going to this style before WP switched to it. So no, I guess I don't see how great it is. When I look at what was around before to what we have now, it looks like the designers have gotten lazy. Again, anyone could draw a picture that looks like this new design language, but you needed someone with some talent to give it depth.

And so MS was first to bring it to mobile. Huzzah for them. And now everyone is copying them, right. And nothing they've done has been lifted from any other OS right? They are absolutely positively 1000% original right. Yeah OK.

posted on 02 Aug 2014, 10:01

85. VZWuser76 (Posts: 1408; Member since: 04 Mar 2010)


Furthermore, there was flat long before there was three dimensional. It's what the world used for years before 3D came into being. You act like MS invented it, which they didn't. As for why people want it? It's different than what was currently in place. Sometimes that works, sometimes it doesn't. But visionary? No. It's going back to how things used to be. If anything, Metro is retro, they're doing things how they used to be done. And retro is in right now, look at the car industry. The designs of the Mustang, Challenger, Camaro. Old names like Charger, Dart, SS, and Impala being used. The car industry is on a retro kick right now, and it'll last for a while. It's a fad.

You and I apparently have differently meanings for game changing. You seem to take it as anytime there is a change that others follow. That can also describe a fad, it comes out and everyone jumps on it. To me, a game changer is doing something that changes how we do something forever. Now if we NEVER go back to a three dimensional look, then a flat UI could be a game changer. But the thing with design is it's always changing. People get sick of looking at the same thing for to long. So somewhere down the line someone will reintroduce a three dimensional UI or something else, and that will go on for a while until the next design fad happens, either retro or something completely new.

Now MS's Kinect has the potential to be a game changer. Using gestures to interact with your phone may change forever the way we interact with mobile devices. However, they didn't invent the concept, nor were they the first to implement it. As with many new features, the concept came from science fiction. Look at the movie Minority Report, it used gesture like actions to interact with a computer, or look at Star Trek, which brought us things like touchscreens. As far as implementation of gesture based controls, Bang & Olufsen had stereo equipment that ran off gestures. It didn't reach mainstream due to the high cost of the devices, but those have been around for years. In this case, MS is like Ford. Ford didn't invent the car, but they brought it to the masses. And if they perfect gesture based interaction, MS will do the same for that.

posted on 01 Aug 2014, 23:17 7

45. StraightEdgeNexus (Posts: 3245; Member since: 14 Feb 2014)


Stop worshipping MS, FAKEINFO.

posted on 02 Aug 2014, 08:19 1

73. Liveitup (Posts: 1231; Member since: 07 Jan 2014)


I don't worship anyone or anything but its clear that you do bow down to Google and Samsung.

posted on 02 Aug 2014, 08:56 6

77. joey_sfb (Posts: 2921; Member since: 29 Mar 2012)


Liveitup, you are Microsoft suckup! Pure and simple.

No point denying. Every posting made by you is how Microsoft is the sacred divine true OS and we should all shut up and use it.

Others companies that compete with Microsoft should just rot up in hell!

posted on 02 Aug 2014, 10:20

90. billgates (banned) (Posts: 555; Member since: 29 May 2014)


Look in the mirror dude. You are the same but on the other side.. Hypocrite

posted on 02 Aug 2014, 10:35 4

92. joey_sfb (Posts: 2921; Member since: 29 Mar 2012)


Don't get me started with you billgates.

You are the great pretender. Ask everyone to buy wp8 phone but you yourself buy Samsung GS5, like Sony Z2.

Despicable!

posted on 02 Aug 2014, 08:59 4

79. StraightEdgeNexus (Posts: 3245; Member since: 14 Feb 2014)


I don't support everything about Google and samsung betting my ass like you. You even supported M$'s job layoff.

posted on 02 Aug 2014, 10:02

87. lyndon420 (Posts: 1739; Member since: 11 Jul 2012)


Agreed. Mind you...I have to admit that Cortana is pretty decent. I'm hoping ms ports it over to Android (I'd pay a reasonable price to check it out).

posted on 02 Aug 2014, 10:18

89. Arte-8800 (banned) (Posts: 4562; Member since: 13 Mar 2014)


So would I.

I've heard it's better than both.?

posted on 02 Aug 2014, 10:21

91. billgates (banned) (Posts: 555; Member since: 29 May 2014)


You have a Windows phone though?

posted on 02 Aug 2014, 19:08

100. rodneyej1 (Posts: 3544; Member since: 06 Jul 2013)


... No ...

posted on 02 Aug 2014, 19:56

101. Arte-8800 (banned) (Posts: 4562; Member since: 13 Mar 2014)


L1020
.

posted on 02 Aug 2014, 19:57

103. Arte-8800 (banned) (Posts: 4562; Member since: 13 Mar 2014)


Yes...

posted on 02 Aug 2014, 23:00

105. Arte-8800 (banned) (Posts: 4562; Member since: 13 Mar 2014)


The funny thing is, your a NokiaWpMs hardcore fanboy

I'm a Nokia 8800. Series hardcore fanboy

Want to comment? Please login or register.

Latest stories