One thing that’s important when you own a patent is that you defend it. If Microsoft took Apple to court over a patent and Apple could show that Microsoft-partner HTC had been using technology cover by the patent as well sans-license, while it wouldn’t exactly let Apple of the hook, it would make a large difference in any judgment. In the context of the current litigious environment, Microsoft made a smart move having HTC license its technology.

Trying to project what effect this will have on Google or Apple is difficult, and ironically, Google may be in the best position. With a still relatively open platform, Google may be content to sit back and let any hole that Microsoft is able to create filled by the Android fan base. Microsoft would be reduced to playing whack-a-mole.

My guess is in the end Microsoft will license key technologies like to Google if more than anything to keep their corporate customers happy.

or how about HTC & other manufactures tell MS to F-off & start making their own hardware? MS is MUCH more dependent on the manufactures than the manufactures are dependent on them. MS has become an afterthought in every space but the desktop & the way things are going that isnt too far away either.

you know what they say, when companies start suing over patents or striking licensing deals its because they are sensing their upcoming irrelevancy. in these latest lawsuits MS is being reactive while Apple is being proactive, but theres no question both companies have tremendous fear of Google.

1) Your phone isn’t selling (Windows Mobile is a disaster right now).
2) You have a patent portfolio everyone seems to think is killer.
3) Of course, if your patent portfolio were really “killer” you’d go after the big infringers on your own. Hopefully no one notices MS hasn’t done this.
4) Instead, you scare a smaller fish. Meet him in a back alley and say “Pssst, want to license our patents? No, we won’t argue about them, but ‘everyone knows’ they’re killer, and believe me you’re violating them”.
5) Smaller fish buys into the “killer” theory and licenses a portfolio that may actually be worth very little.
6) Microsoft gets money for HTC phones sold, and doesn’t have to mess with a dirty patent suit they’re likely convinced they can’t win anyway.
7) Once you get one fish on board, you go after others. All without having to prove the portfolio is even worth anything.

It’s brilliant on Microsoft’s part. For HTC, it’s probably a mistake. Maybe Palm will license their patents to HTC next.

And, yes, I’m sure there’s something in the MS portfolio broad enough to potentially bring a case against Apple. But that’s not the ultimate goal, and now what smart companies do. You bring a case with a reasonable belief you can “win” it, not just blow millions to eventually get nothing in return. MS apparently didn’t believe they could do the former, and has no issue with HTC doing the latter.

@James
The ActiveSync license is probably bundled with the WinMo license in some way.

I really love this dig by MS at Apple:
“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.

HTC provided Exchange support with Hero (Android 1.5) and if I am not mistakend, Google introduced it either with 2.0 or 2.1.

I am not sure if the recent implementations in Desire and Incredible are Google’s or HTC’s. However, I would be surprised, if HTC implemented Exchange support by reverse engineering as opposed to licensing. Originally it was announced as a differentiating feature for Hero and licensing of Exchange technology isn’t similar to some other questionable patents where you are not sure if you are infringing or not.

So prior to today, if HTC makes a Google Android phone and includes Exchange ActiveSync, would it be covered or not? Google had a licensing deal in that case and HTC presumably did not. The point being – will every phone contractor and sub-contractor be required to be a licensee of certain technologies in the future? Interesting to think about…