Vendor of Linux-Based Devices Ups the Ante in Legal Face-Off Against Microsoft

Not only is TomTom standing its ground against Microsoft, as well as coming out gunning for the software giant, but the Netherlands-based car navigation company has just upped the ante in a legal dispute over patent infringement. On March 23, 2009, TomTom joined the Open Invention Network (OIN), an organization dedicated to protecting the open-source Linux operating system, and no stranger to patent licensing disputes. The move from TomTom is designed to allow it to enter an alliance that could shield it from Microsoft, although no official statements were made in this sense.

“As we look to enable the Linux Ecosystem, we are pleased to have TomTom become a licensee,” revealed Keith Bergelt, chief executive officer of Open Invention Network. “TomTom is one of a growing number of companies, of all sizes, that value the openness and collaborative culture of the Linux community. We applaud their support for Linux.”

Microsoft filed a legal action against TomTom alleging patent infringement in no less than eight different cases, three of which connected to implementations of the Linux kernel by the Netherlands-based company. TomTom responded to the lawsuit introduced by Microsoft in the U.S. District Court of Western Washington and with the International Trade Commission (ITC) by filing its own countersuit in the U.S. District Court for the Eastern District of Virginia.

At the same time, TomTom now benefits from the protection of the Open Invention Network, as do additional members such as IBM, Novell, Sony, and Red Hat. But by all means, TomTom in not only not backing down, but also looking keen on taking the fight to Microsoft. Still, when accused of having allegedly infringed on TomTom's patents with the Microsoft Streets and Trips, the Redmond company indicated that it would rather settle the dispute out of court via an intellectual property licensing agreement. However, considering TomTom's moves so far, the company doesn't really seem to warm up to Microsoft all that much.

“Linux plays an important role at TomTom as the core of all our Portable Navigation Devices,” added Peter Spours, director of IP at TomTom. “We believe that by becoming an Open Invention Network licensee, we encourage Linux development and foster innovation in a technical community that benefits everyone.”