Google and Microsoft trade barbs over patent claims

One day after Google accused Microsoft, Apple and other tech firms of waging war on its Android mobile platform via "bogus patents" Microsoft struck back with information it claims undermines the search giant's accusations.

Among the accusations leveled by Google chief legal officer David Drummond was the claim that Microsoft and Apple joined other firms in purchasing Novell's old patents so Google couldn't acquire them. But according to Microsoft, the firm asked Google to jointly bid on the portfolio with them.

"Google says we bought Novell patents to keep them from Google. Really? We asked them to bid jointly with us. They said no," tweeted Microsoft general counsel Brad Smith.

Microsoft spokesman Frank Shaw later tweeted a picture of an email sent to Smith by Google general counsel Kent Walker declining a joint bid for unspecified reasons. Google wouldn't confirm the authenticity of the email but acknowledged turning down the offer in an update to the original post.

"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," Drummond said.

"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," he added.

"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."

Drummond noted that ultimately the Department of Justice forced the winning group to license the patents to the open-source community in order to protect competition and innovation.

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