Software patents ‘gumming up’ smartphone innovation, Google’s general counsel says

Legal

Apple, Google, HTC, Samsung, Microsoft… it’s hard to name a technology company that’s not currently involved in a patent battle with another firm. Google’s general counsel Kent Walker thinks the legal battles could actually hurt consumers and the landscape of today’s ever changing smartphone market. “The tech industry has a significant problem,” Walker said. “Software patents are kind of gumming up the works of innovation.” Google chairman Eric Schmidt recently said that his company will stand behind HTC, one of its Android partners, in an attempt to ensure it doesn’t lose an ongoing patent battle with Apple. “We have seen an explosion of Android devices entering the market and, because of our successes, competitors are responding with lawsuits as they cannot respond through innovations,” Schmidt said. According to Bloomberg, Walker said that Google is looking to purchase patents that will allow it to compete better against its rivals, such as Apple. It is unclear what acquisitions Google will pursue in an effort to bolster its patent portfolio, but there is speculation the search giant will buy Kodak’s InterDigital arm. “Each side can blow the other up on some level –everybody can block the other’s products from coming to market,” Walker said. “You create this mutually assured destruction scenario, but it’s very expensive to get all those munitions. Buying patents so you can hit the other guy, it’s not good form. You hate to unilaterally disarm here, but we haven’t in our history.” Walker said that he’s confident Google has the muscle to “balance the scales” against the likes of Microsoft and Apple.

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57 Comments
  • Anonymous

    Typically Goofans (aka Apple Haters) HATE attorneys.  But because this guy’s with Google, it’s obvious he is a good man!  And trustworthy!  Thank God for Google!  It makes even lawyers good!

  • http://rmbo47.myopenid.com/ rmbo47

    Funny how now Google is complaining about that “darn intellectual property” thing, now that they find themselves on the wrong side of it. 

    Nobody seems to have a problem when Nokia gets a judgement against Apple for royalties, but when Apple has an enforceable patent the haters all cry “foul!”  Douchebags.

  • Rudy

    So this i why Google found the Nortel patent bidding to be a joke?

    • Anonymous

      Apple and others spent a great deal of MONEY on those patents, Google comes along and says, Patents SUCK, I don’t want to go by the rules.  I want all that you paid a great amount of money for to use for FREE myself!!!  YA right Google.

  • Anonymous

    Software patents are ridiculous and at some point will have to be unwound. The longer we wait, the harder that will be.

    Software is a written instantiation of an algorithmic idea. Patents attempt to protect not the software, nor the algorithm, but the idea itself. This has historically been beyond the pale for patent and copyright law, which have been intended from the beginning (of this country anyway) to protect specific implementations and leave ideas for the use of all.

    Software should be copyrighted. You should be able to protect your particular implementation of the idea, leaving others free to implement it in other ways. Patenting software is much like patenting the plot of a novel and equally ridiculous. Suppose Margaret Mitchell had patented her sappy Gone With The Wind, thereby making Casablanca and A Farewell to Arms illegal?

  • http://twitter.com/bragzter Bradley Larcher

    i never liked patents, and the patent office has to take the blame for a lot of what’s happening with these mobile companies

  • http://twitter.com/EricSeale Eric in Milpitas

    In five years software development will be 100% dead in America. Good work.

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