Microsoft Rebuts Google’s Novell “Patent Attacks Android” Statement

Thursday, August 4, 2011
By OP Editor

Microsoft General Counsel calls Google’s bluff. Was the Google executive caught in a lie? *** Update x3 ***

Microsoft Rebuts Google Patents Attack Android Statement

Google “When Patents Attack Android” PR vs. Reality

Oh snap, Google executive’s “When Patents Attack Android” cry might be based on a false premise.

Daring Fireball revealed that Brad Smith, Microsoft General Counsel and Senior Vice President, Legal and Corporate Affairs wrote:

Google says we bought Novell patents to keep them from Google. Really? We asked them to bid jointly with us. They said no.

Google refused to join Microsoft and Apple in an joint bid of the Novell patents. Instead, Google tried to bid for Nortel (not Novell) patents by itself. ObamaPacman: It seems that Google is crying now because it wanted the whole patent pie for itself but lost.

Update: Frank Shaw, Microsoft Corporate Vice President, Corporate Communications tweeted an email between (former?) Google general counsel Kent Walker and Brad Smith (LCA) on buying Novell patents:

Google Microsoft Novell Patent Purchase Discussion Kent Walker, Brad Smith, Frank Shaw

Update 2: Google has confirmed the Microsoft “gotcha!” by updating its blog post:

Microsoft’s objective has been to keep from Google and Android device-makers any patents that might be used to defend against their attacks. A joint acquisition of the Novell patents that gave all parties a license would have eliminated any protection these patents could offer to Android against attacks from Microsoft and its bidding partners.

ObamaPacman: Basically, Google didn’t bid on Novell patents because Google is not open to sharing. AKA, when jointly owned, Google cannot use the patents to its own advantage.

Update 3: Microsoft’s @fxshaw fires back with one, two, three, four.

Let’s look at what Google does not dispute in their reply.

We offered Google the opportunity to bid with us to buy the Novell patents; they said no.

Why? BECAUSE they wanted to buy something that they could use to assert against someone else.

SO partnering with others & reducing patent liability across industry is not something they wanted to help do.

Google does not deny that it secretly explored potential purchase of patents on its own with Novell.

Illustration by OP. Yes, the antennas are intentionally made angular to create the mad Android Pinocchio.


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Tags: Android, Fail, iPhone, Microsoft

4 Responses to “Microsoft Rebuts Google’s Novell “Patent Attacks Android” Statement”

  1. Christian Schaller

    What ‘gotcha’? Google needs patents to protect from patent threats from Apple and Microsoft (mostly using a cloud of rubbish software patents from a broken patent system) and thus getting ownership of some (other rubbish) patents together with Microsoft and Apple is of course not of any value to them. Google need to be able to countersue Microsoft, to maintain the so called patent cold war, and not surprising you can’t use patents partly owned by Microsoft to do that. And you think Microsoft got a point for offering to co-own some more patents with Google?

  2. Don

    This is one time I agree with Redmond and I’m routing for them… go Microsoft, go and kick the crap out of the whine-babies!

    • Funny that a multi-billion company, which is using its profit from its search monopoly for anti-competitive market flooding purposes, is crying foul.


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