Microsoft and TomTom settle patent infringement cases

Microsoft and TomTom settle patent infringement cases

The cases have been settled through a patent agreement under which TomTom will pay Microsoft for coverage under the eight patents relating to car navigationand file management systems in the Microsoft case.

Also as part of the agreement, Microsoft receives coverage under the four patents included in TomTom's countersuit. The agreement, which has a five-year term, does not require any payment by Microsoft to TomTom. It covers both past and future US sales of the relevant products. The specific financial terms of the agreement were not disclosed.

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 Licence 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, organising, 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.

Horacio Gutierrez, corporate vice president and deputy general counsel of Intellectual Property and Licensing, Microsoft Corporation, stated: "We are pleased TomTom has chosen to resolve the litigation amicably by entering into a patent agreement. Our car navigation patents, which are at the heart of the enhanced auto experience enjoyed by millions of drivers today, have been licenced to many companies, including leaders in the car navigation sector. The file management system patents, which increase file management system efficiency and functionality, have also been licensed by many companies, including those that produce mixed source products."

He added that Microsoft was able to work with TomTom to develop a patent agreement that addresses both companies' needs in a pragmatic way.

"When addressing IP infringement issues, there are two possible paths: securing patent coverage or not using the technology at issue. Through this agreement, TomTom is choosing a combination of both paths to meet the unique needs of its business, and we are glad to help them do so."

Peter Spours, TomTom's director of IP strategy & transactions, commented:"This agreement puts an end to the litigation between our two companies. It is drafted in a way that ensures TomTom's full compliance with its obligations under the GPLv2, and thus reaffirms our commitment to the open source community."

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