Brad Smith

Microsoft is no stranger to signing up Android vendors to licensing agreements. Most of the major Android device manufactures are already paying the company royalties, and Microsoft is currently involved in various cases with Motorola in the U.S. and elsewhere. The latest from Microsoft’s intellectual property group is a statement posted by the group’s head Horacio Gutierrez and Microsoft General Counsel Brad Smith (via AllThingsD). In a message titled “A Solid Foundation for Peace”, Microsoft explained its willingness to negotiate a settlement of its current litigation with Motorola:

Microsoft has always been, and remains open to, a settlement of our patent litigation with Motorola. As we have said before, we are seeking solely the same level of reasonable compensation for our patented intellectual property that numerous other Android distributors – both large and small – have already agreed to recognize in our negotiations with them. And we stand ready to pay reasonable compensation for Motorola’s patented intellectual property as well.

However, within the post, Microsoft also noted its requirements for reaching a settlement over its various Android-related patent cases with Motorola—which include a comprehensive agreement covering all patents in question:

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Update: As expected, outspoken Microsoft Corporate Vice President Frank X. Shaw has responded to Drummond’s response from earlier today. There isn’t much to learn here, but Shaw’s tweets pretty much speak for themselves and Microsoft’s stance on the issue. We’re bound to hear more from Google execs on the issue, stay tuned for the latest. Shaw’s tweets after the break, if you’re interested.

Google Senior Vice President and Chief Legal Officer David Drummond has taken to the official Google blog once again to respond to Microsoft’s Brad Smith’s claims Google backed out of the opportunity to jointly bid for Novell patents.

Drummond writes:

“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”

Drummond points out the U.S. Department of Justice has now intervened, forcing Apple and Microsoft to provide an open-source license in order to “protect competition and innovation in the open source software community.”

Its clear Google doesn’t want to pay for patents that aren’t going to help them defend Android from competitors in the future. A joint bid would have essentially forced them to do so, which is the reason they claim “competitors are waging a patent war on Android”.

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With Google execs stepping out of character to share their frustrations with Microsoft and Apple “banding” together to acquire patents, it seems at least a few execs in Redmond are determined to set the record straight, and for good reason given the fact the company is slated to earn more off Android than their own Windows Phones, according to analyst Horace Dediu.

In response to the open letter from Google’s Vice President and Chief Legal Officer David Drummond accusing Microsoft and Apple of “banding” together to acquire mobile device related patents, Microsoft’ general counsel Brad Smith posted the following via his Twitter account this morning:

“Google says we bought Novell patents to keep them from Google. Really? We asked them to bid jointly with us. They said no.”

Microsoft surely doesn’t want to tarnish their relationship with Google, with Android-based HTC phones bringing in three times as much profit in the second quarter in comparison to their own Windows Phone devices. It makes you wonder why Microsoft is spending billions developing and bringing Windows Phone handsets to market when Android devices are clearly their bread and butter in the mobile space.

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