In its latest legal initiative, Microsoft finds itself in the unusual position of a plaintiff in a patent case, although the company is often a target for IP infringement lawsuits. The Redmond giant has filed a complaint against Taiwanese-based Primax Electronics, with the Intellectual Property and Licensing, alleging
that the Asian manufacturer has been infringing on no less than seven of its mouse patents.
"Microsoft has filed an action today with the ITC after making repeated attempts during the past several years to engage in meaningful licensing discussions with Primax," stated Horacio Gutierrez, vice president and deputy general counsel of Intellectual Property and Licensing. Gutierrez indicated that Microsoft is interested in inking IP license agreements rather than go to court, but that the issues with Primax represent an exception to this rule.
"Microsoft has an open intellectual property licensing policy, but in situations such as this, in which a reasonable licensing agreement cannot be reached despite our best efforts, we have no choice but to pursue legal action to protect our innovations," Gutierrez added.
According to the Redmond company's Deputy General Counsel of IP and Licensing, Microsoft already has in place patent agreements with over 20 companies, and Primax was welcomed to join their ranks. However, the Taiwanese peripheral manufacturer indicated no desire to participate in Microsoft's hardware licensing program. The Redmond company is, in fact, no stranger to mouse patent infringement lawsuits. In the past, it reached settlements with companies such as Belkin and Compton over similar IP disputes.
The software giant revealed that Primax is infringing on seven patents, including IP related to technologies such as U2, Tilt Wheel and Magnifier. "Primax's practice of using our innovations without taking a patent license is unfair to the many companies that have already licensed our technology, so we are taking action to protect both our partners and our innovations," Gutierrez concluded.