Apple Help ' fake ' patents, says Google

Google iPhone-maker has accused Apple of using ' fake patents» to make Android phones more expensive. Photo: Kimberly White/Reuters/Corbis

Google has Applescript, accused Microsoft, , Oracle and "other businesses" to try to make Android smartphones more expensive for consumers by running a "hostile, organised campaign" against it by using "fake patents" acquired from bankrupt Canadian firm Nortel and their existing patent holdings.

Its chief legal officer David Drummond, argue that companies that effectively imposes a "tax" to push the price of Android devices. "Microsoft and Apple have always been in each other's throats, so that when they get in bed together you need to start asking what is going on," Drummond wrote in a blog post.

But Microsoft has hit back, with its General Counsel Brad Smith argues on Twitter to Microsoft invited Google to bid jointly for Nortel patents – and were beaten. Representatives from Apple and Oracle declined to comment on.

Drummond says that the rival companies are using an "anticompetitive strategy, [who] escalates also cost of patents is way beyond what they are actually worth" and use them to stifle innovation.

Drummond writes that "in this instance, we trøde, it was important to speak out and make it clear that we are determined to preserve the Android as a competitive choice for consumers, by stopping those who try to stifle it."

He has stated: "Microsoft and Apple's winning $ 4.5bn (£ 2.7bn) to Nortels patent portfolio was almost five times greater than the pre-auction estimate of $ 1 billion. Fortunately, the law frowns on accumulation of questionable patents for anti-competitive funds – which means these agreements will probably draw regulatory control, and this patent bubble will pop. "

A consortium, including Microsoft, Apple and RIM won the bid for Nortel patents, which covers a number of communications technologies, from a consortium of Google and Intel. Google had made a preliminary bid of $ 900 m before the auction, but was ultimately outbids despite large reserves of cash.

Drummond says: "a smartphone can cause as many as 250,000 (mostly doubtful) patent claims, and our competitors want to impose a charge for these questionable patents that make Android devices more expensive for consumers. They want to make it harder for manufacturers selling Android devices. Instead of competing by building new features or devices, struggling through litigation. "

Microsoft has sued Motorola and Barnes and Noble, argue that their use of Android infringes patents that it holds, while Apple has filed a number of similar suits abandoned patent claims against other companies.

HTC has admitted that it pays Microsoft for a set amount for each Android device it sells. The amount was not disclosed, but it is believed to be between $ 5 and $ 15.

Apple recently won a preliminary ruling in the United States that HTC is infringing patents covering the iPhone. And Oracle is currently suing Google in a multibillion-dollar lawsuit on that Android infringes copyright concerning its Java programming language, acquired through the purchase of Sun Microsystems.

Google launched its Android mobile operating system at the end of 2007, with the first phones appear about a year later. It makes it available for free handset makers, in contrast to companies like Microsoft, which charges about $ 15 per handset by using its Windows softwareyour phone.

Android phones have exploded in popularity, makes more than a third of all smartphones sold around the world. Platform has expelled the former leader Nokia, which abandons its Symbian operating system in favor of Windows phone. Apple and rim have their own mobile operating systems, as they are not licensed.

Google has been hampered by a lack of intellectual property in wireless telephony, which has subjected it to patent-infringement lawsuits from rivals such as Oracle.

Drummond says Google is seeking to strengthen its patent portfolio; It recently bought more than 1,000 patents from IBM. It is also in negotiations to buy the InterDigital, a key holder of the wireless patents valued at more than $ 3bn, according to the Wall Street Journal.

The most valuable patent it uses include its "PageRank" search algorithm that is used to organize its search results: it has an exclusive license to from Stanford University, where Sergey Brin and Larry Page developed the PageRank patent. Although is now available for licensing, has Google rights to decide who can license it.

Patent acquisitions is expected to accelerate, with IBM and Kodak is often referred to as shopping for intellectual property on the market.

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Microsoft seeks to weaken the software patents rules by United States Supreme Court's

Software patents Microsoft cases where the accused was in order to cool down the infringing a patent on XML and forced to suspend the sale of the Word and Office when it US Supreme Court Monday afternoon UK time and could have a far-reaching impact on future litigation.

Microsoft has brought the matter to the Supreme Court, where it asks the Court to lower the standards of proof required for challenges to the validity of a duly issued patent. The company is seeking to overturn a patent have at the moment to be able to show "clear and convincing" evidence; Microsoft wants to move, for the benefit of tilts the complainant that an "overweight" of evidence.

If Microsoft WINS, it could weaken the use of software patents in a number of cases. Loudon Owen, Chairman of i4i, saying it is "patent law at a crossroads" and that "the consequences will affect every consumer in each establishment at each level".

Microsoft contends that it is too difficult to pass on the software patent granted in error by the US Patent Office. "Innovation is one of the major drivers, one of the bright spots in our economy," says Andy Culbert, Associate General Counsel for Microsoft. "If you have a really bad patent should not have been issued, what happens? It keeps innovation. "

i4i says that weaken the standard evidence to overturn the patents would deter companies and inventors from being innovative. Currently ends about half of patents with the patent litigation will be ruled invalid. If Microsoft (which itself owns a large number of patents, including software patents) prevails, that proportion will rise.

By i4i, Owen argues: "what it really means for consumers is there will be much less investment in medicines in biotechnology, in green tech … because without patents, there is no security, and system will not work."

Speech to the Seattle PI blog, Henry Sneath, Pittsburgh-based patents lawyer wondered why and when Microsoft had been so keen to "overweight" rather than "clear and convincing" standard of proof:

"I have never heard of any large cry to change the default, and I do not remember anything written about it," said Sneath, who spoke as an officer of DRI, the nation's largest organization of civil litigation lawyers. "So you have to wonder why it is suddenly a big deal. Now, Microsoft has made a stink about it? It is almost like the manufactured problem. "

Dispute between Microsoft i4i and is lengthy. i4i is a Canadian software company which told the guardian in 2010, the aim is to become "[database company] Oracle unstructured data", and rejected claims it was involved in "patent trolling vessels"-enforce patents that it happens to keep but the user does not otherwise-in suing Microsoft.

In March 2007 the defendant i4i Microsoft for intentional infringement of its patent on the use of XML (Extensible Markup Language superset of markup languages such as the Web's HTML) in Word to custom applications. This led to a ban on the sale in the us of the Word 2003 version of Microsoft program considered to be directly violates. (Later versions did not.)

The central element in i4i XML product is that it takes large amounts of unstructured data, and then wraps in XML to make it more usable and useful. Among its users the US Patent Office, US Air Force and the number of pharmaceutical companies, including Bayer and Novo Nordisk.

i4i accused Microsoft of "cool" violates the patent after the two companies had had conversations in 2000-2001 about XML and custom XML. "" We had extensive contacts with Microsoft in the course of several years on the ability to interact, "Owen told me in January 2010. Soon after Microsoft began talking about XML schemas in future versions of Word, which was then delivered in Word 2003-processing activity i4i's activity, the company said.

On 20 May 2009, a jury found i4i's patent has been violated and will Microsoft was ordered to pay damages to i4i. 11 August 2009, it was a final judgment against Microsoft issued, included a grant of more than $ 290 m damages for i4i (including enhanced damages, interest and record-verdict damage) and a permanent injunction, which entered into force on 11 January, 2010.

Microsoft unsuccessfully appealed to the Federal Circuit Court of appeals at the end of 2009, and also has unsuccessfully sought a treatment at the beginning of 2010. This was the largest patent infringement judgment ever be upheld by the Federal Circuit.

Chief Justice of the Supreme Court has withdrawn from the case, which will be heard only of eight judges, which means that Microsoft has to get 5 8 back his case, rather than 5 9.

24 Amicus briefs support position-in total submitted to i4i, including one of the u.s. Government.

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