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Microsoft, Samsung Sign Biggest Android Patent Deal To Date

Microsoft Samsung

First Posted: 09/28/11 10:42 AM ET Updated: 11/28/11 05:12 AM ET


By Ina Fried

Microsoft is announcing today the biggest Android-related patent deal to date, signing a broad cross-licensing agreement with Samsung.

With the deal, Microsoft will get royalty revenue on every Android smartphone and tablet that Samsung sells. Redmond already has a deal with another major handset maker -- HTC -- that sells both Android and Windows Phone devices.

"Together with the license agreement signed last year with HTC, today's agreement with Samsung means that the top two Android handset manufacturers in the United States have now acquired licenses to Microsoft's patent portfolio," Microsoft general counsel Brad Smith and top IP lawyer Horacio Gutierrez said in a blog post. "These two companies together accounted for more than half of all Android phones sold in the U.S. over the past year."

The pair point out that the list of licensees notably excludes the No. 3 player in the Android market in the U.S. -- Motorola Mobility.

Microsoft sued Motorola, as well as Barnes & Noble, over Android-related patent claims. Meanwhile, Redmond inked licensing deals with several other companies, including Acer and ViewSonic, and several lesser-known companies.

While much of the focus around the Samsung agreement is likely to concern patents and Android, the deal also calls for the companies to continue to work together on Windows Phone.

"Microsoft and Samsung see the opportunity for dramatic growth in Windows Phones and we're investing to make that a reality," Windows Phone unit president Andy Lees said in a statement.

In the blog post, Smith and Gutierrez point to the deals with Samsung and HTC as a model for the industry.

"These agreements prove that licensing works," the lawyers wrote. "They show what can be achieved when companies sit down and address intellectual property issues in a responsible manner."

Via Microsoft Signs Mega-Patent Deal With Samsung, Will Get Royalties on Every Android Device It Sells on AllThingsD

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‪‬ By Ina Fried Microsoft is announcing today the biggest Android-related patent deal to date, signing a broad cross-licensing agreement with Samsung. With the deal, Microsoft will get roya...
‪‬ By Ina Fried Microsoft is announcing today the biggest Android-related patent deal to date, signing a broad cross-licensing agreement with Samsung. With the deal, Microsoft will get roya...
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breakingpoint
War is a Racket - Smedley Butler
07:46 PM on 09/28/2011
just sell the US to MS get it over with
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HUFFPOST SUPER USER
Andre Fabre
Seth speaks, and I listen...
06:57 AM on 09/29/2011
I would agree with you, but the problem is that, given how bad MS products are, it would mean our country would need to be rebooted every so often, we would get the blue screen of death when you need something as of yesterday. MS is such a harpy of a company...
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Redgriffin
05:35 PM on 09/29/2011
Can you imagine the "Blue Screen of Death"? Please oh please no.
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HUFFPOST SUPER USER
jsgaetano
"Conservative" is not a political party, genius.
07:35 PM on 09/28/2011
There really needs to be patent reform.
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
06:31 PM on 09/28/2011
"Intellectual Property" is an oxymoron. Ideas belong to everyone.
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rikilii
Quod gratis asseritur, gratis negatur.
06:36 PM on 09/28/2011
You could say that about real property as well.
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
08:49 PM on 09/28/2011
I could but I don't. I'm an inventor of a patent on digital video, now owned by Moto or maybe sold to Google. I also owned a home. I'm a great fan of Richard Stallman and Linux, but I separate home ownership from ideas, unlike RMS :-)
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
06:30 PM on 09/28/2011
If those patents include object-link tech like OCX, those are MS patents stolen from Wang. Which MS admitted later, paying damages to a company that bought them from now-defunct Wang.

Wang foolishly shared the technology we developed for a workstation I worked on with MS. Those patents were not inventions of MS, and they have no right to them just because they paid some pitifully small damage settlement. Never helped us Wang employees.
06:26 PM on 09/28/2011
I hate Microsoft. That's all.
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jsgaetano
"Conservative" is not a political party, genius.
07:35 PM on 09/28/2011
Apple and Google are also huge patent trolls.
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Nec V20
Liberal with five knuckles to back it up
06:07 PM on 09/28/2011
Many many years ago I flat out refused to give my telephone number to my employer.

When they became insistent I took out my mobile and smashed it to smithereens in front of my boss.

Things like mobiles etc. are there for MY convenience and not anyone else's.
02:28 AM on 09/30/2011
It's keeping up with the clan so you don't fall behind and get eaten.
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PoorRichardsHeartache
when is obstruction insurrection?
06:01 PM on 09/28/2011
I can hardly wait, a phone that will have to be power cycled after each phone call. Microsoft has done nothing but enhance the same software for 25 years.
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05:47 PM on 09/28/2011
I look forward to reading a story about microsoft releasing some truly amazing software or technology that wows the world and changes everything. cmon microsoft, you can do it!
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HUFFPOST SUPER USER
smcircle
If we don't stand up for us who will?
05:58 PM on 09/28/2011
Maybe but in the mean time MS should look to create new shells and technology for their existing popular products. Many of their famous products have been around so long with the same old shell all they seem to do is add only new bells and whistles with each new release. For example, I have lost faith in Access and opt for other newer Databases. Maybe a shorter patent life spam would precipitate this too.
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12:19 PM on 09/29/2011
Microsoft is a portfolio of properties. You could look at their divisions and holdings and imagine common sense tweaks. You could look at the structure and imagine a lot of things too. Rather than focus on whats wrong with MS or whats percieved to be wrong with MS, I would rather encourage them to swing for the fences.
05:31 PM on 09/28/2011
I leave home without one...thanks but no thanks...if I need to know something I will look it up at home, not in the car, or in a restaurant...and if someone wants to talk to me...I have a phone at home and if I am not doing something else more important, I will probably answer it...or you can meet me…

But I do not buy Chinese junk to make my life more complicated everywhere I go…and I just do not think that I am that important to anyone that I need to have any of this junk tied to my hip so they can find me anytime they feel like it or to be at their beck and call…

People that buy this as a necessity, a requirement for good living, or as an essential part of life, get exactly what they deserve…go for a walk, enjoy the sights…enjoy life, not what Microsoft or the Apple BS machine tell you that you need or cannot live without…
05:50 PM on 09/28/2011
Your presumption that other people buy smart phones for the same reasons that you refuse to by one is pretty ridiculous. As are your presumptions about how people might be living their lives differently for owning one.

All in all, your post seems very self centered and more than a little angry.
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MrWebster
Moderate this.
05:27 PM on 09/28/2011
Microsoft is suing their way to profitablity. I wonder if they will sue Intel and claim they invented the microprocessor?
05:37 PM on 09/28/2011
When was the last time Redmond was not profitable? Never.
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MrWebster
Moderate this.
07:45 PM on 09/28/2011
They know they lost the mobile market so they are going after some of the biggest players in the that market. They are smart enough to know the world is moving toward ARM processors and Linux with custom software ontop of Linux. They can't sue ARM but rumors are MS is porting Windows to ARM processors. In which case I can see Intel lining up an anti-MS group around a different OS.
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HUFFPOST SUPER USER
smcircle
If we don't stand up for us who will?
06:00 PM on 09/28/2011
MS feels defensive and protective so often.
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HUFFPOST SUPER USER
smcircle
If we don't stand up for us who will?
05:26 PM on 09/28/2011
A merger of this kind will certainly be a boom to at least one of the mergers. As for the rest of us, we will have to wait to see how well the products will be.
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ResearchtheFacts
Alert, awake & paying attention to the details.
04:33 PM on 09/28/2011
That shuts the door on a lot of crApple's claims and if push comes to shove they will have to shove Microsoft and I am sure that is a fight Microsoft is looking forward to. lol
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HUFFPOST SUPER USER
smcircle
If we don't stand up for us who will?
05:12 PM on 09/28/2011
WOW, Jobs and Gates pushing each other. Is this a new concept? LOL
07:57 PM on 09/28/2011
Interestingly, neither one of them run their respective companies anymore.
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kauthon
04:12 PM on 09/28/2011
Software patents should expire in about 5 to 7 years.
04:16 PM on 09/28/2011
AGREED. This is Bullsheet.
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rikilii
Quod gratis asseritur, gratis negatur.
10:21 PM on 09/28/2011
Why should software-related inventions be treated differently than any other inventions?
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kauthon
01:07 PM on 09/29/2011
Because of the nature of the beast. Software innovation moves at a staggering pace. And the main reason patents were made in the first place is to protect inventors and allow them to make some money off of their invention. As a side note, Patents actually spur greater invention because once someone sees the finished product they can fashion another route to it.

Software patents aren't relevant after 5 to 7 years and they've been given out for too many nominal issues. i.e. Amazon's one click checkout. They also are given out for a broad idea which isn't really an invention per se but a thought process. That's why companies just throw patents against the wall and see what sticks - then they form another company to sue everyone else. This kind of thinking doesn't really spur innovation.
04:09 PM on 09/28/2011
Why is this legal? Isn't this a monopoly play?
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HUFFPOST SUPER USER
smcircle
If we don't stand up for us who will?
05:31 PM on 09/28/2011
Monopolies in themselves are legal. It's how fair and ethical the playing field will be that counts... Considering Microsoft's past they will have to be watched. I hope Android developers will be watchful.. My son is one so I really do....
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rikilii
Quod gratis asseritur, gratis negatur.
06:37 PM on 09/28/2011
How is a patent cross-license a monopoly?
04:05 PM on 09/28/2011
Microsoft teaming up with Samsung is actually a good Idea. Samsung's got some great tech but not such a great marketing and legal department.
04:09 PM on 09/28/2011
Great for who? It seems be designed to crush competition.
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hypnotoad72
Freedom = real democracy = living wages
04:57 PM on 09/28/2011
Agreed.

The Microsoft/IBM team-up for OS/2, or rather their inevitable breakup, benefited Microsoft far far more than it did IBM.  (Let's see, exclusive control of the 32-bit TCP/IP stack and disk I/O code or being allowed to run Windows emulation in the shell... MS got the code, IBM got 16-bit Windows, and ever since then Microsoft changed the Win32s subsystem just to make newer apps impossible to run under OS/2's Windows compatibility until they figured out how to fix what MS changed... 

MS has a habit of "tweaking", just for the sake of tripping everybody else up.  (As Silverlight pales next to the hype of HTML5, expect them to tweak it and worsen HTML5's already-existent fragmentation problem as well...)

And thanks to virtualization, I would dare say that's one reason why Vista,  Win7, and Server 2008 require 10x the amount of disk space that Win XP/Server 2003 ever needed (15GB vs 1.5GB).  It's an oinker... that or they have real dilettantes programming the systems these days...  or both.
04:17 PM on 09/28/2011
For the record, in the US, Samsung makes awful phones that they don't update.
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PalaceOfWisdom
whistleblowers are heroes
04:31 PM on 09/28/2011
Samsung makes and knowingly sells defective TV's too.