The countersuit is a standard legal maneuver for patent infringement law suits. It is common enough that it is no longer a matter of if, but when, a tech organization challenged for patent infringement will respond with a patent suit of its own. True to form, and following the standard operating procedure, Motorola has filed three patent countersuits against Microsoft.
True enough, countersuits are fairly standard (except in the case of Oracle v Google, but that’s another matter). But as I noted earlier, the swiftness and strength of this particular countersuit should put Motorola in a pretty good bargaining position overall. Bradley quotes heavily from Florian Muller’s blog breaking down the various asserted patents, but the point about the role of patents as leverage is not lost on him either:
Tech companies like Microsoft, Motorola, and Apple are in an arms race for the biggest patent portfolio–and not for the innovation that should come with it, but as a legal strong arm tactic that has emerged as a fundamental cost of doing business in the world of technology.
True, most of the time, patents just cost a company money … but for Motorola, times like these are the opportunity to see if they’ll pay off.
Read my earlier coverage of the Motorola countersuit here.