Last month, we reported that Microsoft has filed a legal action against Samsung in U.S. District Court, Southern District of New York. The reason behind was that Samsung has stopped paying patent royalties as per the contract it signed in 2011 pointing out reasons like Microsoft has now acquired Nokia’s Devices and Services business. We all know that Microsoft and Samsung need each other. While Microsoft is a leader on software front, Samsung leads in the hardware. Today, Korea Times reported that Microsoft and Samsung has now resumed talks to resolve this contract issue. However, the case which was already filed in Southern District of New York about a month ago could go to trial in February or March 2015 barring an unexpected delay. Fosspatents commented the following regarding this case, The sooner the Microsoft v. Samsung contract matter is clarified, the better. That also appears to be the opinion of Judge Rakoff, who ...

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Last night we reported that Microsoft has filed a legal action against Samsung in U.S. District Court, Southern District of New York. The reason was that Samsung has stopped paying patent royalties as per the contract it signed in 2011 citing lame reasons like Microsoft acquired Nokia’s Devices and Services business. David Howard, Corporate Vice President & Deputy General Counsel at Microsoft said, “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.” Microsoft’s complaint to the court is now available online. You can read it below. Here is the summary of the document, Samsung signed patent cross licensing agreement with Microsoft and agreed to pay royalties to Microsoft for its Android based products. Samsung is now refusing to pay this year’s royalty along with the interest for ...

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Microsoft and the tech industry in general had a bad day in the US court as a federal judge ruled Thursday that Microsoft must hand over e-mails stored on an overseas server to US authorities. Following a two-hour court hearing in New York, U.S. District Judge Loretta Preska said the warrant lawfully required the company to hand over any data it controlled, regardless of where it was stored. “It is a question of control, not a question of the location of that information,” Preska said. However, the good news is that Microsoft can appeal to the 2nd U.S. Circuit Court of Appeals. Companies like Cisco, Microsoft, Verizon and others came in support of Microsoft in this case. If the current judgment takes effect, there is a possibility that these companies will lose billions of revenue from countries like China, Russia and others. Microsoft Executive Vice President and General Counsel Brad Smith provided the following ...

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Horacio Gutierrez, Deputy General Counsel & Corporate Vice President, Legal & Corporate Affairs at Microsoft blogged over the last weekend applauding the Supreme Court’s decision that abstract ideas are not eligible for patent protection in the Alice v. CLS Bank case. He claimed that court has correctly distinguished Alice’s invalid business method patents from valid patents that advance technology. In the recent times, there are lots of discussions happening in the technology industry on whether software patents are valid. But, this court’s ruling comes in favor that software patents are valid just like any other technology patents. The Court’s opinion follows closely the amicus brief we submitted with HP and Adobe, and recognizes that software inventions are eligible for patents, especially where they “improve the functioning of the computer itself … [or] effect an improvement in any other technology or technical field.” [p.15] Software patents are no different than other technological ...

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