Google: government must prevent ‘misuse’ of popular patents
According to Google, popular proprietary technologies for mobile devices should be seen as industry standards. Google probably hopes to ensure that Apple is forced to provide licenses.
In a letter to the Senate Judiciary Committee, a legal body of the US government, Google know that patented techniques that are widely used within an industry due to their great popularity should have a similar status to the so-called essential patents. The standards-essential patents must be licensed by manufacturers on reasonable terms to companies that request them. According to the internet giant, some techniques are ‘commercially essential’, which means that attention should be paid to abuse by companies that hold such patents.
According to the Android maker, giving popular patented techniques the status of essential can ensure greater compatibility between devices from different manufacturers. This would also provide an incentive for innovation. That is why Google advocates monitoring the misuse of such popular patents, including whether companies with patent rights grant licenses in a reasonable manner.
Google seems to be referring mainly to patent cases brought by Apple against Android manufacturers. The Cupertino company uses patents that describe technologies for smartphones, such as multitouch. Such techniques are now also widely used in Android smartphones and tablets. If Google has its way, Apple may not be able to use several of its patents as easily in lawsuits, because they would then have to be licensed under frand terms.
Apple has responded to Google’s argument by also sending a letter to the Senate Judiciary Committee, stating that popular patented techniques do not equate to patents essential to an industry. Apple refers, among other things, to the billions of dollars it has had to invest in developing its technologies.
A legal battle has been going on for some time between Apple and Android manufacturers. Many companies have been sued by Apple, including Samsung, HTC but also Motorola acquired by Google. Because Google develops the Android operating system and now owns Motorola, the internet giant benefits from Android manufacturers winning their lawsuits. Earlier it was announced that Google is collaborating with Samsung in the legal battle against Apple.