Why Mobile Patents are Such a Mess

“Microsoft announced this week that it has inked a deal with
Taiwan-based High-Tech Computing (HTC). Under the agreement, HTC
will pay royalties to Microsoft for phones that run Google’s
Android platform.

“Wait, what?

“Microsoft claims that the Linux operating system infringes 235
Microsoft patents, and Android, which is Linux-based, violates
Microsoft patents, too. Microsoft has convinced HTC to pay
royalties for the alleged Microsoft technology in Google’s
operating system.

“Why would HTC do that?

“Well, Apple is suing HTC for violating 20 Apple patents
covering a wide range of technologies. One theory is that with both
Microsoft and Apple claiming patent infringement, HTC has to pick
sides. It chose Microsoft because the company also makes a wide
variety of devices that run Microsoft operating systems. Because it
has an extensive relationship with Microsoft, and none with Apple,
choosing to work with Microsoft solves its Apple problem. In court,
apparently HTC will be able to say that it’s already licensing the
technology Apple claims as its own, but from Microsoft. That would
imply that Apple’s beef is really with Microsoft, not with HTC.
Case closed!”

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