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The patent R
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battlefield N
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as of
23 Dec 10 9 7

The next 6
pages show
how this
conflict has
escalated.
Move by
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Western District

US International

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of Washington

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of Wisconsin
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of Florida
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version 10.12.23.101 A L I
© 2010 by Florian Mueller
http://fosspatents.blogspot.com
Twitter: @FOSSpatents 12

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 Move #1

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Microsoft
files two
Move #1:
complaints Microsoft files two complaints
against 9
against Motorola: one in the
Motorola Western District of Washington,
another with the ITC. Both relate
(with a to the same 9 patents.
federal
court and
the ITC)
W

Trade Commission
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US International
Western District
of Washington

D
T
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C
A
© 2010 by Florian Mueller
http://fosspatents.blogspot.com
Twitter: @FOSSpatents

9 9

Motorola
 Move #2

09 Nov 10 5 1 3 5 0 7 7 9 3
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Microsoft R
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In a second complaint against Motorola
in the Western District of Washington,
files N
Microsoft alleges Motorola's failure to comply
D
another with RAND (reasonable and non-discriminatory)
complaint 9 licensing commitments Motorola made to
certain standard-setting organizations
against (IEEE-SA and ITU) and their members.
Motorola,
over
RAND
licensing
obligations
W

Trade Commission
-- I

US International
Western District
of Washington

motion to D
stay first T Move #2, step 2/2:
W Since Microsoft asserted the same patents
suit C in its original infringement suit in Washington
A as in its ITC complaint, the parties jointly
move to stay the original infringement suit
© 2010 by Florian Mueller for the duration of the ITC investigation.
http://fosspatents.blogspot.com
Twitter: @FOSSpatents

9 9
+RAND

Motorola
 Move #3

10 Nov 10 5 1 3 5 0 7 7 9 3
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files N
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three
complaints 9

against
Microsoft
in two
federal
courts
W S W

Trade Commission
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US International
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of Washington

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of Wisconsin
D D D

of Florida
T
W F W
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A L I
© 2010 by Florian Mueller
http://fosspatents.blogspot.com
Twitter: @FOSSpatents
Move #3:
Motorola files three complaints
9 against Microsoft:
one over 7 patents in the
7 3 6
Southern District of Florida,
and two suits in the
Western District of Wisconsin
9 9 (one over 3 patents, another
+RAND 8 8 0 3 1 5 3 3 3 3 5 7 5 9 5 0 over 6 patents).
Motorola 3
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 Move #4

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Motorola R
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files N
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ITC
complaint, 9

amends
one
Wisconsin
complaint

W S W

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of Washington

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of Wisconsin
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of Florida
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© 2010 by Florian Mueller
http://fosspatents.blogspot.com
Twitter: @FOSSpatents
Move #4:
Motorola files an ITC complaint
9
67 against Microsoft over 5 patents
10 that the Xbox 360 allegedly
7 3 5 infringes: 4 of those patents
Nothing changed were previously asserted
about the '516 in one of the two suits in the
and '931 patents Western District of Wisconsin,
9 9 at this stage. the 5th one is new and it's
+RAND 8 8 The0 3new 1 lines
5 3 3 3 3 5 7 5 9 5 0 8
simultaneously added to that
Motorola 3
9
9just0 separate
9from
3 7 4them
1 those
3 6 patents
7 7 7 7 1 1 7 3 9 9 9
4 0 4 5 6 6 2 1 1 6 4 6 Wisconsin suit by way of an
amended complaint.
that are asserted in At this point, only the '516 and '931
the ITC complaint patents are part of that Wisconsin
as well. suit but not of the ITC complaint.
 Move #5

23 Dec 10 5 1 3 5 0 7 7 9 3
Microsoft 1
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Motorola R
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files N
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a third
Wisconsin 9

complaint

W S W

Trade Commission
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US International
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of Washington

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of Wisconsin
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of Florida
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© 2010 by Florian Mueller
http://fosspatents.blogspot.com
Twitter: @FOSSpatents 12
Move #5:
Motorola files a third Wisconsin
76 complaint, asserting three patents
10 3 against Kinect and Xbox.
9
7 3 5 Those three patents include
two new ones and the '931 patent
previously asserted in another
Wisconsin suit. Motorola says it will
9 9 "seek dismissal without prejudice
+RAND 8 8 0 3 1 5 3 3 3 3 5 7 5 9 5 0 8 5 3 relating to" the '931 patent in that other
Motorola 3
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suit. This chart reflects Motorola's
intentions, which are, however,
subject to court decisions.
On that basis, only 1 of the 6 patents
remaining in that other suit (the '516
patent) would not be simultaneously
part of Motorola's ITC complaint.
 Move #6

23 Dec 10 5 1 3 5 0 7 7 9 3 5 8 2 1 4 9 9
Microsoft 1
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Move #6:
makes N
On the same day on which Motorola
D
counter- filed its third Wisconsin suit,
claims in 9 7 Microsoft makes counterclaims
in the Southern Florida case,
Southern asserting 7 patents:
Florida, 5 of them against Motorola's
Android smartphones, and 2
asserting against Motorola set-top boxes
7 patents with DVR functionality.

W S W

Trade Commission
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of Washington

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of Wisconsin
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of Florida
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© 2010 by Florian Mueller
http://fosspatents.blogspot.com
Twitter: @FOSSpatents 12

6
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+RAND 8 8 0 3 1 5 3 3 3 3 5 7 5 9 5 0 8 5 3
Motorola 3
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 Reference United States International Trade Commission
material Investigation no. 337-TA-744 on "certain mobile devices, associated software, and components thereof"
-- complaint filed on 01 October 2010
as per
Microsoft Corporation (of Redmond, WA 98052)
23 Dec 10 vs. Motorola, Inc. (of Schaumburg, IL 60196)

page R-1 Microsoft simultaneously filed a suit against Motorola over the same matter in the Western District of Washington (case 2:10-cv-01577).
FOSS Patents reacted to this ITC complaint and the equivalent suit on the same day and two days later discussed the patents-in-suit.

Allegedly infringing products

Microsoft's complaint relates to Motorola's Android smartphones and states specifically accused products only as examples. Named
accused products include the following devices: Devour, Droid 2, Droid X, i1, Cliq, Cliq XT, Charm, and Back Flip. Microsoft also accuses
"the associated software loaded onto these phones by Motorola or its suppliers" (item 16 of the complaint).

Asserted patents (in order of appearance in documents filed with the ITC)

asserted by Microsoft in original (as well as first amended) complaint

© 2010 by Florian Mueller
http://fosspatents.blogspot.com
Twitter: @FOSSpatents
5,579,517 ("517") Common name space for long and short file names
5,758,352 ("352") Common name space for long and short file names
6,621,746 ("746") Monitoring entropic conditions of a flash memory device as an indicator for invoking erasure operations
6,826,762 ("762") Radio interface layer in a cell phone with a set of APIs having a hardware-independent proxy layer
and a hardware-specific driver layer
6,909,910 ("910") Method and system for managing changes to a contact database
7,644,376 ("376") Flexible architecture for notifying applications of state changes
5,664,133 ("133") Context sensitive menu system/menu behavior
6,578,054 ("054") Method and system for supporting off-line mode of operation and synchronization
using resource state information
6,370,566 ("566") Generating meeting requests and group scheduling from a mobile device

United States District Court for the Western District of Washington

Case no. 2:10-cv-01577 -- complaint filed on 01 October 2010
Microsoft Corporation (of Redmond, WA 98052)
vs. Motorola, Inc. (of Schaumburg, IL 60196)

This suit relates to the same matter as the ITC complaint Microsoft filed on the same day. After the ITC instituted an investigation based
on that complaint, the parties filed a joint stipulation on 09 November 2010 to stay the case for the duration of the ITC investigation.

FOSS Patents reacted to this suit and the equivalent ITC complaint on the same day and two days later discussed the patents-in-suit.
 Reference United States District Court for the Western District of Washington
material Case no. 2:10-cv-01823 -- complaint filed on 09 November 2010

as per Microsoft Corporation (of Redmond, WA 98052)

vs. Motorola, Inc. (of Schaumburg, IL 60196) and Motorola Mobility, Inc. (of Libertyville, IL 60048)
23 Dec 10
This is not an infringement suit. Instead, Microsoft brought this suit against the two Motorola entities for Motorola's alleged "breach of its
commitments to the Institute of Electrical and Electronics Engineers Standards Association ('IEEE-SA'), International Telecommuni-
page R-2 cations Union ('ITU'), and their members and affiliates", which include Microsoft. The complaint alleges that Motorola demanded
"excessive and discriminatory royalties from Microsoft", disregarding its alleged obligations for reasonable and non-discriminatory
(RAND) licensing. Microsoft asks the court for related judicial declarations and for "a judicial accounting of what constitutes a royalty rate
in allr espects consistent with Motorola's promises for WLAN patents identified as 'essential' by Motorola and for H.264 [video codec]
patents identified by Motorola", and ultimately, "a judicial determination of and compensation for Motorola's breach."

FOSS Patents commented on this RAND enforcement suit on the following day.

United States District Court for the Southern District of Florida

Case no. 1:10-cv-24063 -- complaint filed on 10 November 2010
Motorola Mobility, Inc. (of Libertyville, IL 60048)
vs. Microsoft Corporation (of Redmond, WA 98052)

© 2010 by Florian Mueller
http://fosspatents.blogspot.com
Twitter: @FOSSpatents
On the same day, Motorola also filed two complaints against Microsoft with the US District Court for the Western District of Wisconsin
(cases 3:10-cv-00699 and 3:10-cv-00700). FOSS Patents commented on Motorola's expected countersuits on the following day.
Allegedly infringing products
For each of the patents, Motorola broadly accuses "operating systems, office software, server software, and/or communications and
messaging software", but the specifically accused products then tend to be more limited in scope. A matrix on the next page shows the
relationship between the patents-in-suit and the accused products.

Asserted patents (in order of appearance in documents filed with the court)

asserted by Motorola in original complaint

5,502,839 ("839") Object-oriented software architecture supporting input/output device independence
5,764,899 ("899") Method and apparatus for communicating an optimized reply
5,784,001 ("001") Method and apparatus for presenting graphic messages in a data communication receiver
6,272,333 ("333") Method and apparatus in a wireless communication system for controlling a delivery of data
6,408,176 ("176") Method and system for initiating a communication in a communication system
6,757,544 ("544") System and method for determining a location relevant to a communication device and/or its associated user
6,983,370 ("370") System for providing continuity between messaging clients and method therefor
 Reference United States District Court for the Southern District of Florida
material Case no. 1:10-cv-24063 -- complaint filed on 10 November 2010 -- continued from previous page

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Microsoft counterclaims (23 December 2010 answer to original complaint)

© 2010 by Florian Mueller
http://fosspatents.blogspot.com
Twitter: @FOSSpatents
Allegedly infringing products
The first five patents are claimed to read on "Android smartphones including, e.g., the Motorola Droid X and Motorola Droid 2."
The last two patents are claimed to read on "set-top boxes that contain digital video recorder (DVR) functionality". Specific DVR
examples are (for the '904 patent) the Motorola DCH6416 and (for the '901 patent) the Motorola BMC9012.

Asserted patents (in order of appearance in the court filing)

asserted by Microsoft in counterclaims (part of answer to original complaint, dated 23 December 2010)
6,791,536 ("536") Simulating gestures of a pointing device using a stylus and providing feedback thereto
6,897,853 ("853") Highlevel active pen matrix
7,024,214 ("214") Synchronizing over a number of synchronization mechanisms using flexible rules
7,493,130 ("130") Synchronizing over a number of synchronization mechanisms using flexible rules
7,383,460 ("460") Method and system for configuring a timer
6,897,904 ("904") Method and system for selecting among multiple tuners
6,785,901 ("901") Altering locks on programming content
 Reference United States District Court for the Western District of Wisconsin
material Case no. 3:10-cv-00699 -- complaint filed on 10 November 2010

as per Motorola Mobility, Inc. (of Libertyville, IL 60048) and General Instrument Corporation (of Horsham, PE 19044)
vs. Microsoft Corporation (of Redmond, WA 98052)
23 Dec 10
On the same day, Motorola also filed another complaint against Microsoft with the US District Court for the Western District of Wisconsin
(case 3:10-cv-00700) and one with the US District Court for the Southern District of Florida (case 1:10-cv-24063). FOSS Patents
page R-4 commented on Motorola's expected countersuits on the following day.

Allegedly infringing products

For each of the patents, Motorola accuses "the Windows 7 operating systems for personal computers".

Asserted patents (in order of appearance in documents filed with the court)

asserted by Motorola in original complaint

7,310,374 ("374") Macroblock level adaptive frame/field coding for digital video content
7,310,375 ("375") Macroblock level adaptive frame/field coding for digital video content
7,310,376 ("376") Macroblock level adaptive frame/field coding for digital video content

United States District Court for the Western District of Wisconsin

© 2010 by Florian Mueller
http://fosspatents.blogspot.com
Twitter: @FOSSpatents
Case no. 3:10-cv-00700 -- complaint filed on 10 November 2010
Motorola Mobility, Inc. (of Libertyville, IL 60048) and General Instrument Corporation (of Horsham, PE 19044)
vs. Microsoft Corporation (of Redmond, WA 98052)
On the same day, Motorola also filed another complaint against Microsoft with the US District Court for the Western District of Wisconsin
(case 3:10-cv-00699) and one with the US District Court for the Southern District of Florida (case 1:10-cv-24063).
FOSS Patents commented on Motorola's expected countersuits on the following day.

Allegedly infringing products

All of the products specifically accused by Motorola in this suit are from the Xbox product line.
The '596, '094 and '931 patents allegedly read on "various models of the Xbox 360, including without limitation the Xbox 360
Pro/Premium, Xbox 360 Elite, Xbox 360 Arcade, and Xbox 360 S." The '712 and '516 patents allegedly read on "various models of the
Xbox 360, including without limitation: (i) the Xbox 360 S; and (ii) in conjunction with the Xbox 360 Wireless Networking Adapter or
the Xbox 360 Wireless N Networking Adapter, the Xbox 360 Core, Xbox 360 Pro/Premium, Xbox 360 Elite, and Xbox 360 Arcade".
The '571 patent allegedly reads on the same products as the '712 and '516 patents, however, with the difference that the use of certain
models in connection with the Xbox 360 Wireless Networking Adapter is not accused (only with the Wireless N Networking Adapter).
The '896 patent allegedly reads on "various models of the Xbox 360 and associated wireless accessories, including without limitation the
Xbox 360 Pro/Premium, Xbox 360 Elite, Xbox 360 Arcade, and Xbox 360 S."
 Reference United States District Court for the Western District of Wisconsin
material Case no. 3:10-cv-00700 -- complaint filed on 10 November 2010 -- continued from previous page

as per Asserted patents (in order of appearance in documents filed with the court)

23 Dec 10 asserted by Motorola in original complaint

6,980,596 ("596") * Macroblock level adaptive frame/field coding for digital video content
7,162,094 ("094") * Frequency coefficient scanning paths for coding digital video content
page R-5 5,319,712 ("712") * Method and apparatus for providing cryptographic protection of a data stream in a communication system
5,357,571 ("571") * Method for point-to-point communications within secure communication systems
6,686,931 ("931") Graphical password methodology for a microprocessor device accepting non-alphanumeric user input
On 23 December 2010, Motorola asserted this patent in a different complaint filed with the same court
(case 3:10-cv-00826) and announced that it would seek dismissal without prejudice of the related claims here.
5,311,516 ("516") Paging system using message fragmentation to redistribute traffic

additionally asserted by Motorola in 1st amended complaint

6,069,896 ("896") * Capability addressable network and method therefor

In the list above, an asterisk (*) denotes patents also asserted by Motorola in an ITC complaint (investigation no. 337-TA-752).

United States International Trade Commission

© 2010 by Florian Mueller
http://fosspatents.blogspot.com
Twitter: @FOSSpatents
Investigation no. 337-TA-752 on "certain gaming and entertainment consoles, related software, and
components thereof" -- complaint filed on 22 November 2010
Motorola Mobility, Inc. (of Libertyville, IL 60048) and General Instrument Corporation (of Horsham, PE 19044)
vs. Microsoft Corporation (of Redmond, WA 98052)

FOSS Patents reacted to this ITC complaint on the following day and later mentioned the ITC's decision to launch an investigation.

Allegedly infringing products

In terms of examples of specifically accused products, the complaint names "the 250 GB Xbox 360 S and the 4 GB Xbox 360 S."

Asserted patents (in order of appearance in documents filed with the ITC)

asserted by Motorola in original complaint

6,980,596 ("596") Macroblock level adaptive frame/field coding for digital video content
7,162,094 ("094") Frequency coefficient scanning paths for coding digital video content
5,319,712 ("712") Method and apparatus for providing cryptographic protection of a data stream in a communication system
5,357,571 ("571") Method for point-to-point communications within secure communication systems
6,069,896 ("896") Capability addressable network and method therefor

The asserted patents were also asserted by Motorola in a complaint in the Western District of Wisconsin (case no. 3:10-cv-00700).
 Reference United States District Court for the Western District of Wisconsin
material Case no. 3:10-cv-00826 -- complaint filed on 23 December 2010

as per Motorola Mobility, Inc. (of Libertyville, IL 60048)

vs. Microsoft Corporation (of Redmond, WA 98052)
23 Dec 10
Previously, Motorola filed two other complaints against Microsoft with the US District Court for the Western District of Wisconsin (cases
no. 3:10-cv-00699 and 3:10-cv-00700).
page R-6
Allegedly infringing products
For the '580 and '358 patents, Motorola accuses "the Kinect Gaming System" as well as "the individual components of the Kinect
Gaming System, including without limitation the Kinect sensor device, the Xbox 360 S, Xbox 360 Core, Xbox 360 Pro/Premium, Xbox
360 Elite, Xbox 360 Arcade." For the '931 patent, Motorola accuses "various models of the Xbox 360, including without limitation the
Xbox 360 Core, Xbox 360 Pro/Premium, Xbox 360 Elite, Xbox 360 Arcade, and Xbox 360 S."

Asserted patents (in order of appearance in documents filed with the court)

asserted by Motorola in original complaint

6,992,580 ("580") Portable communication device and corresponding method of operation
7,106,358 ("358") Method, system and apparatus for telepresence communications
6,686,931 ("931") Graphical password methodology for a microprocessor device accepting non-alphanumeric user input
On 09 December 2010, Motorola already asserted this patent in a different complaint filed with the same court
(case 3:10-cv-00700) and announced that it would seek dismissal without prejudice of the related claims there.

© 2010 by Florian Mueller

http://fosspatents.blogspot.com
Twitter: @FOSSpatents