In 2011, Samsung signed a contract agreeing to pay Microsoft royalties for using the Linux-based Android mobile operating system in Samsung tablets and mobile phones. As part of the deal, Samsung also agreed to market Windows Phone devices and the two companies shared some patented technologies.
Now Microsoft is complaining that Samsung has "stopped complying with its agreement," according to a Friday announcement attributed to David Howard, Microsoft corporate vice president and deputy general counsel. The announcement of the lawsuit heavily implied that Samsung stopped complying with the 2011 contract after Microsoft announced the acquisition of rival device maker Nokia last September. Moreover, Howard contended that Samsung is resisting now because it currently makes more money from its Android-based devices than it did when it inked the deal back in 2011.
Why do the manufacturers using an operating system have to pay patent royalties based on the operating system?
Shouldn't Google be the one to pay, also why isn't Microsoft also suing Google? I thought it really strange and that it didn't make sense for a manufacturing company to pay for a generic operating system patent. Also, isn't there a 15 year expiry, meaning the patent should be invalid right now? It was from some years ago, so I was wondering what happened and if the patent still applies and the patent is also valid in other regions.
Even if they agreed to pay, if the patent is invalid, should Samsung really have to pay Microsoft?