Google Says Microsoft Tried To Trap Them In Patent Bid, Microsoft Says Google Wanted To Buy Something To Assert Against Someone Else

Posted Aug 4, 2011

The patent accusations between Microsoft Corporation (NASDAQ:MSFT) and Google Inc. (NASDAQ:GOOG) continues. Google accused Microsoft for teaming up with other competitors to bid on Novell’s patents for the purpose of suing Google.

Google directly said Microsoft and Apple were working with each other to keep patents away from Google. Microsoft responded by producing an e-mail from Google proving that they tried to work with them instead of against them.

Google responded by saying it was a trap. Below is Google SVP and Chief Legal Officer David Drummond’s response:

It’s not surprising that Microsoft would want to divert attention by pushing a false “gotcha!” while failing to address the substance of the issues we raised. If you think about it, it’s obvious why we turned down Microsoft?s offer. 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. Making sure that we would be unable to assert these patents to defend Android ? and having us pay for the privilege ? must have seemed like an ingenious strategy to them. We didn’t fall for it.

Ultimately, the U.S. Department of Justice intervened, forcing Microsoft to sell the patents it bought and demanding that the winning group (Microsoft, Oracle, Apple, EMC) give a license to the open-source community, changes the DoJ said were ?necessary to protect competition and innovation in the open source software community.? This only reaffirms our point: Our competitors are waging a patent war on Android and working together to keep us from getting patents that would help balance the scales.

Microsoft communications head Frank Shaw responded again to Drummond on Twitter saying the following messages:

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