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Two Quick Words About Microsoft v. TomTom: Think Bilski

By Pamela Jones et al.

I'm getting a lot of email about Microsoft suing TomTom for alleged patent infringement, first reported by Todd Bishop on TechFlash. I've put lots of links in NewsPicks for you, and here are the two complaints, the regular complaint filed in federal court and the ITC complaint [PDFs]. I'll restrict myself for now to two quick words:

Think Bilski

Are Microsoft's FAT patents *hardware* patents? No? Then what makes you assume they are valid in the post-Bilski world? Don't even get me started on obviousness. Let alone who really "invented" that stuff. This may turn out to be an opportunity, frankly. If you read the ITC complaint, on page 23, by the way, you'll find that Microsoft is currently dealing with a nullity action in Germany regarding a foreign counterpart to the US FAT patents. It's also dealing with a Canadian challenge.

If you are new and wonder what Bilski means, here you go.

And to all those who insist that Microsoft has improved, and they should be treated just like anybody else, and included in Linux conferences and all that blah blah blah, would you please take a long walk on a beach or under a starry sky or something and after a little soul-searching, ask yourself: Have I lost my cotton-pickin' mind?

Full post as published by Groklaw on February 26, 2009 (boomark / email).