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Microsoft makes bank on HTC Android devices: Weird, right?

2010-04-28-Microsoft-HTCThe last 24 hours have been pretty interesting, and just a little odd, in the smart phone space. Beside HP purchasing Palm, Microsoft has announced a licensing deal with long time hardware partner HTC. The odd thing is that this applies to HTC’s Android devices, not their range of Windows Phone hardware.  This means that for every HTC Android device sold going forward, Microsoft gets a small piece.  It feels like the early 1990’s all over again!

Microsoft claims that Android infringes on several user interfce and operating system patents. This claim shouldn’t be too much of a surprise, as Microsoft has been saying the same thing about the full open source Linux OS for years. Instead of wielding it’s giant patent portfolio in the courtroom, Microsoft either signed licensing deals with Linux vendors and manufacturers, or not push too hard when encountering resistance.

In the case of the HTC licensing deal…

“HTC and Microsoft have a long history of technical and commercial collaboration, and today’s agreement is an example of how industry leaders can reach commercial arrangements that address intellectual property,” said Horacio Gutierrez, corporate vice president and deputy general counsel of Intellectual Property and Licensing at Microsoft. “We are pleased to continue our collaboration with HTC.” [from the press release]

HTC has indeed been a long time Microsoft hardware partner, and probably the premiere maker of Windows Mobile handsets.  It will be interesting to see how other hardware manufacturers who make both Windows Phone and Google Android based devices will take this going forward.  At this point Microsoft has taken

“…we have built a significant patent portfolio in this field, and we have a responsibility to our customers, partners, and shareholders to ensure that competitors do not free ride on our innovations,” Gutierrez said.

He said Microsoft has adopted “a proactive approach to licensing to resolve IP infringement by other companies, and have been talking with several device manufacturers to address our concerns relative to the Android mobile platform.” [via RS]

Besides approaching other hardware vendors, this could lay the groundwork for future action against Google itself, though there’s no evidence that Microsoft is considering it at this point in time.  One of the interesting side effects of the HTC – Microsoft agreement is that this adds some weight to HTC’s defense against Apple, with Cupertino’s lawsuit against HTC being perceived as a shot across the Android bow, as Google’s OS gains in both marketshare and mindshare.

There’s certainly some twisted comedy in HTC paying Microsoft money to use Android, all the while it acting as a potential shield from the legal slings and arrows of Apple.

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