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Print 8 comment(s) - last by theapparition.. on Apr 1 at 5:42 PM

The ugly patent spat which involved suits and countersuits by TomTom and Microsoft is finally over

Over a month ago an ugly dispute between TomTom NV and Microsoft Corp. erupted. Microsoft accused TomTom, one of the most successful small open-source companies, of infringing on its patents.  As TomTom uses Linux on its GPS products, many in the open source community reacted or overreacted believing the attack to be an opening shot by Microsoft against the open source movement.

TomTom fired back with a countersuit of its own, accusing Microsoft of "willful" infringement and demanding three times in damages what Microsoft was seeking. 

Now at last the pair have made up, in a deal which appears to be geared in Microsoft's favor.  Microsoft has agreed to let the Dutch company use its eight car navigation and file management system patents for an undisclosed licensing fee.  TomTom will provide Microsoft use of its four patents used in the countersuit for free.

The agreement will last for five years.  Both companies declined comment. 



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Good for TomTom
By Moishe on 4/1/2009 9:13:08 AM , Rating: 1
Being a small company they need to stay in business and make money and innovate for a few years. We don't know the details, but on the surface it seems lousy that Microsoft got the better of the deal. A Fair trade would seem the most reasonable.




RE: Good for TomTom
By retrospooty on 4/1/2009 9:35:57 AM , Rating: 1
Yup... I have played with a lot of GPS, and Tom Tom is by far the best GPS UI I have used. Quick, and easy to do while driving.


RE: Good for TomTom
By Mitch101 on 4/1/2009 10:24:05 AM , Rating: 2
I dont think anyone can go wrong with Either TomTom or Garmin. The problem is when you go for Map Updates of the two they can be rather expensive.

I saw somewhere there is some knockoff software on a few GPS devices which is claimed to be better than the original from the manufacturer but It wasnt not for a brand I own. I believe it was magellan devices but I am currently happy with my devices to look into alternatives.


RE: Good for TomTom
By theapparition on 4/1/2009 5:42:53 PM , Rating: 2
Thier UI may be nice, but that's useless if it can't map you to your destination properly.

TomTom consistantly scores the worst at GPS review sites.


RE: Good for TomTom
By JasonMick (blog) on 4/1/2009 10:38:08 AM , Rating: 1
I suppose as long as both companies are selling their respective products and making a profit its a win-win overall.

True, the terms are more favorable to M-soft, but TomTom would have spent/lost far more money if it had been forced to battle Microsoft in the courts.

Licensing fees may hurt the pocketbook, but lawyers fees are far worse!


RE: Good for TomTom
By stmok on 4/1/2009 12:18:37 PM , Rating: 2
TomTom couldn't afford a protracted legal battle. They are $1.1million Euros in debt.

The problem was with FAT. Mainly, the dubious Long File Name patent.

If TomTom fought it out with MS, they could have tried to see if the patent was court validated. Now, its "leverage" to pick on the little guys for an income stream.

Microsoft isn't going to go after other Linux based solution distributors like Oracle, Red Hat, IBM, etc for a good reason. To do so would risk invalidating a patent in court.


RE: Good for TomTom
By InternetGeek on 4/1/2009 4:16:49 PM , Rating: 2
quote:
A Fair trade would seem the most reasonable.


Well, it is actually a fair trade under the terms under which each company trades. Microsoft produces and sells IP and products based on it. Tom Tom produces IP and gives it out under a GPL license and sells products based on it.

If the choice of an enterprise is too open source their IP then they should live up to it. They can't have the double standard to give it to some for free and charge others just because those others charge for their IP.

IMO, it's good to see they reached an agreement and hopefully they will keep innovating.


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