It's believed to be the first time Microsoft has filed a patent suit
over Linux, after claiming for years that elements of the open-source
operating system violate its patents. However, Microsoft says
open-source software is not the intended focal point of the action.
Five of the alleged patent violations relate to proprietary software.

Microsoft says it filed the case as a last resort, after trying for
more than a year to reach an agreement with TomTom. We've requested
comment from TomTom, and we'll update this post with the company's
response.

The case, in U.S. District Court in Seattle and the International
Trade Commission, is the third time Microsoft has brought such a suit,
said Horacio Gutierrez, Microsoft corporate vice president and deputy
general counsel for intellectual property. Both of the previous suits
settled after they were filed. By comparison, Microsoft has struck more
than 500 patent licensing deals in the past five years.

[Update: Here are the complaints filed in federal court:  PDF, 10 pages and at the ITC:  PDF, 25 pages.]

"In exceptional cases such as this one, when a pragmatic business
agreement cannot be reached, we feel that we really have no choice but
to pursue legal action to protect our innovations and our partners who
license them," Gutierrez said.

Five of the patents in dispute relate to in-car navigation
technologies, while the other three involve file-management techniques.
Gutierrez said Microsoft has reached licensing agreements with with
other in-car navigation vendors over the same patents, and it remains
open to "quickly resolving" the TomTom dispute through licensing.

Microsoft has said previously that Linux and other open-source
programs violate more than 200 of its patents -- elevating the tension
that has long existed between Microsoft and the open-source community.
Asked if this TomTom case is the start of a broader legal campaign over
those alleged violations, Gutierrez said no.

"Microsoft respects and appreciates the important role that
open-source software plays in our industry and we respect and
appreciate the passion and the great contribution that open-source
developers make in our industry," Gutierrez said. He said that respect
and appreciation is "not inconsistent with our respect for
intellectual-property rights."

Microsoft's most recent patent suit was against Primax Technologies,
over computer mice. That case settled in December, when the companies  reached a licensing agreement.

Article from  www.techflash.com