• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

AI CEOs from OpenAI, Anthropic, and Microsoft set aside their rivalry to warn Congress AI is making it too easy to design and create bioweapons

2

Ohio city workers are covering automated license plate readers with trash bags as officials sound the alarm on 'egregious violations' of privacy

3

10,000 Boomers a day, $39 trillion in debt, and no benefit cuts: Bessent stakes Social Security on the Trump economy

1

AI CEOs from OpenAI, Anthropic, and Microsoft set aside their rivalry to warn Congress AI is making it too easy to design and create bioweapons

2

Ohio city workers are covering automated license plate readers with trash bags as officials sound the alarm on 'egregious violations' of privacy

3

10,000 Boomers a day, $39 trillion in debt, and no benefit cuts: Bessent stakes Social Security on the Trump economy

Why Google lashed out at Apple and Microsoft

By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
Down Arrow Button Icon
By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
Down Arrow Button Icon
August 4, 2011, 6:24 AM ET

Android is in deep trouble on the patent front, and its top lawyer knows it



Source: Google

Google’s (GOOG) chief legal counsel’s angry screed on the company’s official blog in which he accuses Apple (AAPL) and Microsoft (MSFT) of waging a hostile, organized, anti-competitive campaign against Android through dubious and bogus patents (adjectives all his) may be remembered as one of the most misguided briefs any high-tech lawyer has ever written.

Not that David Drummond is wrong about Google’s competitors using the patent system to fight Android. They are. It’s that he doesn’t have a leg to stand on. Let us count the reasons why.

  • Drummond accuses Google’s competitors of overpaying for “bogus” patents. But if Nortel’s 6,000 patents were bogus, why did Google start the bidding at nearly $1 billion and why was it willing to pay nearly the full $4.5 billion they eventually went for? (See Apple takes the patent wars seriously. Google not so much.)
  • He accuses Microsoft and Apple of “get[ting] into bed” to keep Google from getting access to key patents. But Microsoft says Google turned down its offer to jointly bid for some Novell patents, and it has the e-mail to prove it.
  • Drummond’s post is titled “When patents attack Android.” But as Daring Fireball‘s John Gruber suggests, “It’s not ‘patents’ that are attacking Android. It’s competing companies whose patents Google has violated — and whose business Android undermines — who are attacking Android.”

“Why did Google blog about patents today?” Techcrunch‘s MG Siegler asked on Wednesday. “Because the Nortel loss was just the beginning.” He points out that Google has joined the bidding for 8,800 patents owned by InterDigital. Google, he writes, “has nearly $40 billion in cash and cash equivalents to spend. But Apple has almost double that. And if Apple teams up with Microsoft again, they’ll have over $100 billion in buying power. At the end of the day, Google will not be able to out-bid Apple, and they’re running out of options.”

Drummond says he is encouraged that the Department of Justice is looking into the Nortel patent issue (without mentioning that U.S. regulators are looking even more deeply into alleged anti-competitive behavior on Google’s part). But Google hasn’t been faring well in the patent courts. Some e-mails turned up last month in Google’s patent infringement dispute with Oracle that show Android developer Andy Rubin recommending that Google license Java and being overruled by Sergey Brin and Larry Page.

As FOSS Patents‘ Florian Mueller reports, when the judge overseeing the case saw the e-mails, he advised Google’s legal team to settle out of court: “You are going to be on the losing end of this document with Andy Rubin on the stand. … If willful infringement is found, there are profound implications for a permanent injunction. So you better think about that.”

About the Author
By Philip Elmer-DeWitt
See full bioRight Arrow Button Icon

Latest in

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in

jack
PoliticsElections
A Kennedy, Kellyanne Conway’s ex-husband and a former Palantir data scientist debated AI regulation. Welcome to the Manhattan primary
By Anthony Izaguirre and The Associated PressJune 5, 2026
2 hours ago
trump
Arts & EntertainmentWhite House
Trump says Knicks owner James Dolan invited him to Game 3 of the NBA Finals and he’s going
By Collin Binkley and The Associated PressJune 5, 2026
2 hours ago
College Ave Private Student Loans review
Personal FinanceLoans
College Ave Private Student Loans review
By Joseph HostetlerJune 5, 2026
3 hours ago
Elon Musk holding a glass of wine.
BankingSpaceX
Jamie Dimon called Elon Musk the ‘Edison of our time’ as JPMorgan hosted SpaceX’s $75 billion IPO roadshow—and even invited Musk’s mom
By Tristan BoveJune 5, 2026
3 hours ago
boss
Future of WorkProductivity
AI productivity gains are real but so is bad management: ‘Leaders are really struggling to articulate what the vision and strategy is’
By Sasha RogelbergJune 5, 2026
3 hours ago
Putin is running out of money to wage war on Ukraine, and this Russian-occupied territory is running out of fuel as Kyiv smashes supply lines
EnergyRussia
Putin is running out of money to wage war on Ukraine, and this Russian-occupied territory is running out of fuel as Kyiv smashes supply lines
By Jason MaJune 5, 2026
3 hours ago

Most Popular

AI CEOs from OpenAI, Anthropic, and Microsoft set aside their rivalry to warn Congress AI is making it too easy to design and create bioweapons
AI
AI CEOs from OpenAI, Anthropic, and Microsoft set aside their rivalry to warn Congress AI is making it too easy to design and create bioweapons
By Marco Quiroz-GutierrezJune 5, 2026
12 hours ago
Ohio city workers are covering automated license plate readers with trash bags as officials sound the alarm on 'egregious violations' of privacy
Cybersecurity
Ohio city workers are covering automated license plate readers with trash bags as officials sound the alarm on 'egregious violations' of privacy
By Sasha RogelbergJune 3, 2026
2 days ago
10,000 Boomers a day, $39 trillion in debt, and no benefit cuts: Bessent stakes Social Security on the Trump economy
Economy
10,000 Boomers a day, $39 trillion in debt, and no benefit cuts: Bessent stakes Social Security on the Trump economy
By Nick LichtenbergJune 4, 2026
1 day ago
A single new sentence in SpaceX's amended IPO filing could signal the biggest merger in history
Startups & Venture
A single new sentence in SpaceX's amended IPO filing could signal the biggest merger in history
By Shawn TullyJune 4, 2026
2 days ago
Current price of oil as of June 4, 2026
Personal Finance
Current price of oil as of June 4, 2026
By Joseph HostetlerJune 4, 2026
1 day ago
CEO says anyone who works from home is grabbing groceries or at the vet 30% of the time—and shows off his busy office at Friday 5 p.m. to prove it
Success
CEO says anyone who works from home is grabbing groceries or at the vet 30% of the time—and shows off his busy office at Friday 5 p.m. to prove it
By Orianna Rosa RoyleJune 4, 2026
2 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.