GPS device maker TomTom has added a new line of defense in its software patent battle with Microsoft. Today it announced that it has joined the Open Invention Network (OIN), reports Ars Technica. OIN is a page out of the proprietary software maker’s playbook. It is a coalition of companies who have agreed to share patents in an attempt to help them defend them against patent infringement litigation. OIN is for Linux developers but other such patent-sharing coalitions exist, notably RXP Corp., founded in November with members like IBM and Cisco.
Microsoft filed a patent infringement lawsuit against TomTom last month, alleging that the company’s handheld navigation products infringe on Microsoft’s patents. Three of the claims involve Linux software and the Linux community, still on guard from Microsoft’s threats that it would sue them, seems to be rallying. The patents in question cover navigation technologies, touchscreen interfaces, and filesystem implementations.
In addition to joining OIN, TomTom has filed a countersuit against Microsoft. That’s an interesting, and could be successful, tactic on TomTom’s part. Should a judge rule in favor of both, then each could face an injunction forbidding them to sell technology that relies on the infringing patent. That’s a stalemate that could force a nice face-saving settlement.
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