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TomTom Tackles Microsoft in Patent Dispute

Posted on 25. Mar, 2009 by Derek in TomTom

TomTom has become embroiled in legal proceedings with software giant Microsoft, following recent legal action in which Microsoft filed against TomTom involving eight counts of patent infringement.

In late February, Microsoft filed five suits relating to the proprietary software of the navigation systems themselves, and three involving TomTom’s implementation of the Linux Kernel – an open source operating system which Microsoft has previously claimed violates its patents on several counts.

Due to its low cost and easy modification, the Linux kernal is a commonly used operating system in many devices, including PDAs, smartphones, and of course GPS devices such as TomTom sat navs. The lawsuit has many Linux vendors prepared for their own legal proceedings, however Microsoft insists that the action is specific to TomTom’s particular implementation of the operating system, and not an indicator of future proceedings against the Linux community as a whole. Microsoft also claims that this action is a result of failed steps to reach a patent-licensing agreement after more than a year of discussions.

In a recent statement, Horacio Gutierrez, corporate vice president and deputy general counsel of Intellectual Property and Licensing at Microsoft announced the following:

“We have an established intellectual property licensing program, and the patents involved in this case, relating to innovations in car navigation technology and other computing functionality, have been licensed by many others. In situations such as this, when a reasonable business agreement cannot be reached, we have no choice but to pursue legal action to protect our innovations and our partners who license them. Other companies that utilize Microsoft patents have licensed and we are asking TomTom to do the same.

TomTom is a highly respected and important company. We remain open to quickly resolving this situation with them through an IP licensing agreement.”

It was widely expected that TomTom would back down from the legal proceedings, lacking the resources to battle the financial clout of the Microsoft Corporation. In a recent move however, TomTom has filed a countersuit claiming that Microsoft’s Streets and Trips products infringe on four patents it owns related to vehicle-navigation software.

“We are reviewing TomTom’s filing, which we have just received,” said Horacio Gutierrez.

“As has been the case for more than a year, we remain committed to a licensing solution, although we will continue to press ahead with the complaints we initiated in the US District Court for the Western District of Washington and the International Trade Commission.”

TomTom is also a member of the OIN (Open Invention Network), an intellectual property company formed to promote Linux, whose members include corporate heavyweights such as IBM, Novell, Sony, and Red Hat. Although there have been no overt claims that TomTom will utilise the OIN’s resources in the legal proceedings, Microsoft may have to think twice before pushing forward with its lawsuits.

Tags: TomTom