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March 30th, 2009

TomTom pays Microsoft and settles patent-infringement dispute

Posted by Mary Jo Foley @ 9:27 am

Categories: Corporate strategy, Legal, Linux

Tags: TomTom, Microsoft Corp., Mary Jo Foley

Microsoft and TomTom have settled the patent-infringement suits (and countersuits) between the two vendors, Microsoft announced March 30.

Microsoft is not paing TomTom, but TomTom is paying Microsoft an undisclosed amount as part of the deal.

Here is Microsoft’s official statement:

“The cases have been settled through a patent agreement under which TomTom will pay Microsoft for coverage under the eight car navigation and file management systems patents in the Microsoft case. Also as part of the agreement, Microsoft receives coverage under the four patents included in the TomTom countersuit. The agreement, which has a five-year term, does not require any payment by Microsoft to TomTom. It covers both past and future U.S. sales of the relevant products. The specific financial terms of the agreement were not disclosed.”

There has been much speculation that TomTom was unwilling to license at least four of Microsoft’s patents because of incompatibility of those licenses with GNU General Public License terms. But TomTom officials have declined to discuss the case publicly in any way over the past month, so no one knew for sure.

Microsoft’s statement specifically mentions that TomTom is taking pains not to violate the GPL version 2 terms via the new licensing arrangement forged between the two companies> TomTom is removing from its products the functionality that seemingly infringed on Microsoft’s file-allocation table (FAT) patents:

“The agreement includes patent coverage for Microsoft’s three file management systems patents provided in a manner that is fully compliant with TomTom’s obligations under the General Public License Version 2 (GPLv2). TomTom will remove from its products the functionality related to two file management system patents (the “FAT LFN patents”), which enables efficient naming, organizing, storing and accessing of file data. TomTom will remove this functionality within two years, and the agreement provides for coverage directly to TomTom’s end customers under these patents during that time.”

Bottom line: TomTom — unlike some other companies developing around Linux which have signed patent-licensing deals with Microsoft — isn’t licensing Microsoft’s FAT as part of this agreement.

What’s your take? Is the settlement good or bad for Linux vendors who might be in Microsoft’s sights?

Mary Jo FoleyMary Jo has covered the tech industry for more than 20 years. Don't miss a single post. Subscribe via Email or RSS. You can also follow Mary Jo on Twitter.

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  • Talkback
  • Most Recent of 166 Talkback(s)
"Page does not exist"
Linux distributors have ALREADY chosen practicality in lieu of Microsoft's ideology of malfeasance.

You should have remained quiet, American. ... (Read the rest)
Posted by: Ole Man Posted on: 04/04/09 You are currently: a Guest | | Terms of Use
paying is misspelled  NoThomas | 03/30/09
Tank goodnes yuo notised it  sykandtyed | 03/30/09
nor can you spell MIS-SPELT  tebbo66 | 03/31/09
hmmmm  itsnotlevel | 03/31/09
FYI  cslycord@... | 03/31/09
Pedantic X 2  MGP2 | 04/01/09
MS pays Tom Tom to pay MS.  Amelioration | 03/31/09
You Are Surely Safe  usad | 03/31/09
You're a muppet!  GetReal-mac.com | 04/03/09
When pointing at someone/thing, remember there are 3 fingers pointing back.  invmgr@... | 03/31/09
well,  merc2dogs` | 03/31/09
Proffessional Standards  monei011 | 03/31/09
I was only pointing it out so she could fix it,  NoThomas | 03/31/09
RE: TomTom pays Microsoft and settles patent-infringement dispute  Loverock Davidson | 03/30/09
Only way out  Yagotta B. Kidding | 03/30/09
Bottom line: They admitted guilt to illegally using MS patent.  xuniL_z | 03/30/09
No, TomTom only agreed to a cross licensing deal, and the amount paid by  DonnieBoy | 03/30/09
That is what Novell did too  Kaiwai | 03/30/09
Donnie....what you previously called.....  xuniL_z | 03/31/09
true: not an admission, but a deal  PhilippeV | 03/31/09
phew. That was like getting homework. But it was an Admission...  xuniL_z | 03/31/09
and the deal is going to run out  deowll | 03/31/09
A good example for children therefore would be?  Amelioration | 03/31/09
Do not expect MS to collapse any day soon.  hkommedal | 03/31/09
Wrong blog. This is technology and business.....  xuniL_z | 03/31/09
The Point Being They Should have Paid All Along  windozefreak | 03/31/09
You make me laugh  romeoiv | 03/31/09
TomTom "isn?t licensing Microsoft?s FAT". Very good!  InAction Man | 03/30/09
Of course not. The admitted they were using it illegally....do you think..  xuniL_z | 03/30/09
Microsoft is flat out wrong on this.  Raymond Danner | 03/30/09
Isn't that saying that Tom Tom is therefore very.....  xuniL_z | 03/30/09
It has a LOT more to do with who is having the deepest  hkommedal | 03/30/09
Tom Tom joined the OIN, didn't they?  xuniL_z | 03/31/09
My, what a load of crap!  InAction Man | 03/31/09
Now Now.  xuniL_z | 03/31/09
So deep... So profound!  InAction Man | 03/31/09
Ask an MS patent lawyer about getting my words patented?  xuniL_z | 03/31/09
It Is The Same Patent System that Everyone Uses! (nt)  windozefreak | 03/31/09
Not _really_ using it illegally  fromthehip | 03/31/09
BINGO!!!  xuniL_z | 03/31/09
And with good cause.  InAction Man | 03/31/09
InAction Man, a visionary. A man of great wisdom.  xuniL_z | 03/31/09
Noooo, you are the " visonary" (your word) THE man of great wisdom.  InAction Man | 04/01/09
Once again, you prove pointing out misspelled words is all you got.....  xuniL_z | 04/01/09
@"visonary" (aka zunil)  InAction Man | 04/01/09
Not _really_ using it illegally (extended dance mix)  fromthehip | 03/31/09
Yep, you are right.  xuniL_z | 03/31/09
"What?s your take?"  SwashbucklingCowboy | 03/30/09
Not good!  kd5auq | 03/30/09
So for all you Linux Users (lusers) out there  Aussie_Troll | 03/30/09
TomTom will remove everything related to "FAT LFN patents"  InAction Man | 03/30/09
It will be Unisys and GIFS  Alan Smithie | 03/30/09
You mean as good as Tom Tom....  xuniL_z | 03/30/09
They haven't admitted anything else than to pay an  hkommedal | 03/30/09
OK. We have FINALLY got past many things today!!!!  xuniL_z | 03/31/09
Re; claims against them which were settled out of court, were not  hkommedal | 03/31/09
We are in agreement....almost.  xuniL_z | 03/31/09
Well, you've solved the prison overcrowding Problem, if nothing else.  xuniL_z | 03/31/09
There is a big difference between a crime and civil litigation.  hkommedal | 03/31/09
You almost said it....oh you were so close...  xuniL_z | 03/31/09
payout  empty_z | 03/31/09
I bet the fee Is 1$  Alan Smithie | 03/30/09
Nothing but a guess!  ShadeTree | 03/30/09
Ball-less FTC has lead to this.  reibertg@... | 03/30/09
It's the Same Justice System and  windozefreak | 03/31/09
M$ prevailed? Ha ha ha, don't make me laugh. Unisys and GIFS remember that?  InAction Man | 03/30/09
If that is the case.....  xuniL_z | 03/30/09
We won, M$ and TomTom didn't. No more FAT-LFN very good to the community!  InAction Man | 03/31/09
You still don't see the Irony??  xuniL_z | 03/31/09
Irony is duplication  Ole Man | 03/31/09
You are absolutely right.  xuniL_z | 03/31/09
@zunil: You see irony where there is none. That IS Ironic!  InAction Man | 03/31/09
@Inaction man. You not only misunderstood my post, but the blog as well...  xuniL_z | 04/01/09
@"visonary" (aka zunil)  InAction Man | 04/01/09
@InAction Man said: " no one pointed that yesterday several times "  xuniL_z | 04/01/09
Hey Alan, I guess we found out eh? ......  xuniL_z | 03/30/09
Just one battle  Alan Smithie | 03/31/09
No Comment  windozefreak | 03/31/09
Well, the war has already raged for almost 20 years. Actually...  xuniL_z | 03/31/09
Didn't buy one...  John L. Ries | 03/30/09
I thought FAT patent was expired?  Chad_z | 03/30/09
Not even close. You can thank Disney for that. [nt]  olePigeon | 03/30/09
You're thinking of copyright, not patents  Tony Agudo | 03/30/09
The FAT Patents are expired  Lerianis | 03/30/09
Getting Close  SwashbucklingCowboy | 03/31/09
FAT is covered  omniprovident@... | 03/30/09
Pay danegeld...  John L. Ries | 03/30/09
I'm sure even paying $1  vikingnyc@... | 03/30/09
At least...  John L. Ries | 03/30/09
Illogical Is , As Illogical Does! (nt)  windozefreak | 03/31/09
RE: I'm sure even paying $1  bfilipiak@... | 03/30/09
From the press statement, TomTom IS covering users.  Morgan_Reed | 03/30/09
M$ must have paid TomTom to save their face  InAction Man | 03/30/09
Know what?  xuniL_z | 03/30/09
Yeah. Deep pockets win again. That's it. (nt)  hkommedal | 03/30/09
M$ didn't win! This is NOT the outcome they wanted.  InAction Man | 03/31/09
So you agree?  xuniL_z | 03/31/09
Thanks to M$ TomTom will soon provide us with FAT-free GPS devices.  InAction Man | 03/31/09
After reading the blog and several replies you STILL..  xuniL_z | 04/01/09
"TomTom will remove from its products the functionality related to two file  Ole Man | 04/04/09
Open source needs to be more flexible  croberts | 03/30/09
BSD licensing terms are flexible, and open source.  InAction Man | 03/30/09
Everyone knows that the software pantent system in the US is broken...  rfdparker2002 | 03/30/09
What's my take? Huh!?  Grayson Peddie | 03/30/09
TomTom and M$ lost, the consumers wins!  InAction Man | 03/31/09
What is Tom-Tom's official statement  daniel.pereznet | 03/30/09
If Tom Tom violated MS's patient then.  devlin_X | 03/30/09
MS admits to getting some of Tom Toms patents. (nt)  hkommedal | 03/30/09
RE: TomTom pays Microsoft and settles patent-infringement dispute  bigpicture | 03/30/09
Tom Tom, Show Me Where Innovation Is Stolen From Other People  itanalyst2@... | 03/30/09
RE: TomTom pays Microsoft and settles patent-infringement dispute  bigpicture | 03/30/09
Open Source will never cease......  Christian_<>< | 03/30/09
Is that so?  xuniL_z | 03/30/09
Re: Not paying a thing.....  Christian_<>< | 03/30/09
Typical.  xuniL_z | 03/31/09
Re; admit you are criminal in regard to MS,  hkommedal | 03/30/09
What about IBM. Their pockets are much deeper...  xuniL_z | 04/01/09
Ever shot yourself in the foot, MS?  JelMin | 03/31/09
Justice Prevails Over Linux.....  xuniL_z | 03/30/09
Not above the law...  John L. Ries | 03/30/09
Who are you referring to in your first line?  xuniL_z | 03/30/09
What ARE you smoking ? ? (nt)  hkommedal | 03/30/09
Justice Prevails??  agough@... | 03/30/09
Re; disk space I think it was called.  hkommedal | 03/31/09
The consumer prevails. No more FAT-LFN from TomTom  InAction Man | 03/31/09
You are right....  xuniL_z | 04/01/09
If I . . .  sporkfighter | 03/30/09
MS Grasping at straws....  Christian_<>< | 03/30/09
This is bad.  satelshawn | 03/30/09
Bwa-ha-ha-ha-ha-ha-ha  transposeIT | 03/30/09
Not embarassing at all...  Dave32265 | 03/30/09
The law is only correct it seems...  Marty R. Milette | 03/30/09
You make a party after taking a defeat ? M$ lost the consumer won!!!  InAction Man | 03/31/09
You missed the part where MS violated the patents of Tom Tom.  hkommedal | 03/31/09
I wonder how MS got...  sykandtyed | 03/30/09
$$$$  savage3006 | 03/31/09
FAT LFN is the gift that keeps on giving  tonyman262 | 03/31/09
Yes the Lusers are up in arms,  Aussie_Troll | 03/31/09
Yes it was! Who else could have written such a piece of junk?  InAction Man | 03/31/09
When FAT was developed...  Marty R. Milette | 03/31/09
I couldn't do better. No one could, only uncle bill could do it.  InAction Man | 04/01/09
Hey!  xuniL_z | 04/01/09
We're all waiting...  Marty R. Milette | 04/01/09
Bill Gates answers a question....  Ole Man | 04/04/09
FAT is useless now anyway. the CD file system is better for OS compatiblity  wessonjoe | 03/31/09
Pretty much, yes. FAT can not handle the coming bigger  hkommedal | 03/31/09
Not really!  PhilippeV | 03/31/09
RE: TomTom pays Microsoft and settles patent-infringement dispute  brues.1@... | 03/31/09
too bad TomTom didn't have the balls to put the M$ patents to the test! (nt  wessonjoe | 03/31/09
So It's FAT-OFF then  Alan Smithie | 03/31/09
Breaking News: Microsoft buys TomTom?  christian.termaat@... | 03/31/09
Microsoft's Patent Runs out in 2013  kyron.gustafson@... | 03/31/09
Al capone?  Ole Man | 03/31/09
RE: TomTom pays Microsoft and settles patent-infringement dispute  janvl | 03/31/09
Can't we wait for Tom Tom's input before speculating  softwareFlunky | 03/31/09
So what does this mean for the people who already own a TomTom device?  taz3267 | 03/31/09
Don't worry  PhilippeV | 03/31/09
only FAT is over, but not VFS and LFN extensions  PhilippeV | 03/31/09
You are right on all points  TedKraan | 03/31/09
As I remember it IBMs OS2 had long filenames there before MS.  hkommedal | 03/31/09
Well of course. IBM has the deepest pockets as you like to say...  xuniL_z | 04/01/09
RE: TomTom pays Microsoft and settles patent-infringement dispute  jbharidng | 03/31/09
RE: TomTom pays Microsoft and settles patent-infringement dispute  j_asencios | 04/01/09
BALLMER to TOM TOM: READ MY LIPS....  xuniL_z | 04/01/09
RE: TomTom pays Microsoft and settles patent-infringement dispute  QuietAmerican | 04/04/09
"Page does not exist"  Ole Man | 04/04/09

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