Thursday, March 19, 2009

TomTom goes after Microsoft with its own infringement action!

Further to Microsoft's patent suit against TomTom, and Tim Lee's comment on the tough situation of TomTom, TomTom has sued Microsoft.

From the now-infringement defendant, through Horacio Gutierrez, corporate vice president and deputy general counsel of Intellectual Property and Licensing, Microsoft Corporation :

"We are reviewing TomTom's filing, which we have just received. 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 U.S. District Court for the Western District of Washington and the International Trade Commission."

See also:

Catch-22 for TomTom?


One might ask if the TomTom infringement suit is a substantial threat, or if is a page out of Morgan State v. Oklahoma (When you are 24 points down to one of the biggest companies in the US, what do you do? Hire a major law firm (Morrison & Foerster) and sue).

Groklaw posted the TomTom complaint which asserts Microsoft's Streets and Trips product directly or indirectly infringes [claims of] TomTom's U.S. Patent Nos. 5,902,350 ("the '350 patent"), 5,938,720 ("the '720 patent"), 6,660,994 Bl ("the '994 patent") and 6,542,814 ("the "814 patent").

Yes, willful infringement is asserted, eg: Microsoft has received notice of the '350 patent and has continued its infringing
activity in spite of such notice. It's the usual licensing talks gone bad.

The case is filed in the relatively fast moving ED Va [Case 2:09-cv-00118-RAJ-JEB]


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