Moto and Apple

The Wall Street Journal is reporting that Motorola has filed with the International Trade Commission (that's the same one that blocked the HTC One X and EVO 4G LTE for a spell) to sue Apple over seven undisclosed patents. The patents relate to the iPhone, the iPad and the iPod touch, for which Motorola is seeking an import ban.

So far, the only official word from Motorola has been "We would like to settle these patent matters, but Apple's unwillingness to work out a license leaves us little choice but to defend ourselves and our engineers' innovations." Also pertinent to the case is the fact that the patents in question aren't standards-based, so Motorola does not have to license them. Based on the history of patent litigation involving Apple (and sometimes Motorola) it sounds like the status quo, right?

Not so fast.

We've seen Motorola go after folks in the courtroom before, with a mixed bag of results. I hated it then, but it was just one company fighting with another company over your money -- in other words, business as usual. But that was all initiated before Google took over the helm. Today's news is something different.

Don't be evil

Google has made "Don't be evil" its company tagline. For the most part, Google has held true to its word. Google finds itself in hot water every now and then, but there's no malicious intent behind its goals. Better mapping and new pictures for Street View are things they care about. Thinking about all the repercussions and people who have no idea how to secure a Wifi network probably wasn't even an afterthought. And the deal with using what they call a standard, while knowing Apple's Safari browser didn't recognize it as such, to place cookies can be written as some folks at Google thought the +1 button was so cool they wanted it to work anywhere. Stupid, yes. Evil? Well, I don't think so. 

Again, this is different. Inside I've always been able to placate myself by thinking that throughout all this patent nonsense, Google has kept their hands clean. They've sued nobody, and fought hard for what they (and I) think is right. That all changed today. Since May, Google is directly responsible for the things Motorola do as a company, and the Motorola name in the middle is just a proxy. Yes, Google says Motorola will be run as a stand-alone venture, but ultimately they have the final word.

While you cheer and say Apple deserves a taste of their own medicine, I'll be here thinking of the people who might be saving to buy an iPad, only to (potentially) have the opportunity taken away  -- by Google. That makes me sad, and seeing Android fans cheer in droves makes me even sadder. We pride ourselves on the choice Android and Google give us, so seeing them try to take away a fair choice is not something I can support. Don't be evil, Google. Even when the other kids on the playground are.

More: WSJ online (paid content)

 

Reader comments

Google goes after Apple via Motorola patents

195 Comments

I enjoyed knowing google was staying above the fray, maybe they'll offer those would be iPad owners a discount on a Nexus 7 if they win.

Lets be honest, worst case for Apple if they were to lose they'd just settle a licensing agreement out of court and everyone will still be able to buy an idevice if they wanted to do so.

Sorry Jerry. Its only business.
Google is publicly traded just like CrApple.
CrApple want to do the right thing for its shareholders, so should Google.

The main point being, if you borrow something, you will have togive it back. One way or the other. (If you don't, its called stealing)

No one is going to be denied their icrap. Let's be honest. It says right in the statement they have tyres continuously to cone to a licensing agreement to no prevail. So what should they do? Just lay down and say "OK apple, you don't have to pay if you don't want to." I don't think so. That time has passed. Time to get some blood on their hands and get in the fight. Its the only way you can win.

Keep in mind that existing iPads won't explode if Google win, same as Google Nexus didn't and there always ways to avoid patents efor next devices even for Apple ;] You guys realy get you head over this xd

Jerry should take a chill pill. Google (Moto) have had to take a more aggressive approach since Apple is going after all of their OEMs. Everyone knew that the reason Google bought Moto was for the patents. Were they just supposed to say, "Ahhh, we have the patents now, so everything is sunshine and roses"?

The fact is that Apple is behaving like a bully. The only way to deal with a bully is by standing up for yourself (and your friends). So, they have been forced to use those patents they paid so dearly for to protect their friends.

IMO, it appears inevitable that Apple/Moto/Google will eventually sign a cross licensing deal that will allow Apple and Google/Moto and their licencees access to the, *IMO*, spurious patents that have led to all of this patent warfare by Apple. It will also benefit Apple because they will have cover for their hardware.

The problem is that the US Patent office is WAY to eager to grant patents to these major companies. It almost appears that if the paperwork is correct, they grant the patent thinking that the companies themselves will work out whether or not they are valid in court, rather than growing a pair/spine and declining these ridiculous patent applications.

The patent system was created to protect UNIQUE ideas. Not, "Oh, we will patent using an asterisk above the "i" rather than the "dot" to make it unique" kind of patenting that is so prevalent. UGH!

Apples "designs" were common among a NUMBER prior (even back in the 1990's) and related products (flat screen TV's). They patented "ideas" like curved corners and bevels, even though those ideas have been in common practice in machinist and plate glass products for centuries. The idea of a solid glass front to devices was show at numerous CES and other product demonstrations WAY, WAY, WAY before the iPhone, iPod, or iPad came out.

What a waste of money, stress, and intellect. IMO, Apple has gotten themselves into the same corner RIM was in. They are trying to be a chip/circuit/hardware/software company rather than what they are good at, which is industrial design (hardware) and OS (software) company. Their attention is getting fragmented and they are struggling to compete.

"Struggling to compete?!?" you might ask? Yes, they are very profitable AND they are producing desirable products. So long as they were competing with Microsoft whose improvement cycle was in the 4-6 year time frame, annual updates set the standard and made them appear continuously fresh, exciting, and on the cutting edge.

They also have a tight ecosystem. So long as people will buy into that level of control, they will continue to be successful. However, as Android products and Android itself continue to innovate, people will get increasingly frustrated with Apple's inability to match this pace. Apple is increasingly unable to keep up with the pace of innovation set by Android manufacturers and Google (Android itself). ICS and Jelly Bean, quite frankly, are beyond iOS. And that gap will only get larger and larger.

Apple, right now, both is unable to, and lacks the will to, match Android's 4-6 month update cycle.

There are many examples of this historically in business. Unless Apple changes their practices and quits distracting themselves and their customers with these legal battles, they will be yet another case study in the innovation cycle.

This ties into the point of the article because Google needs to find the club to get Apple to settle/cross license to everyone can get back to focusing on the products.

Scott

I dont think Google by Moto for patents, there much better reasons to uby Moto like:

1. Fact that is making hardware and Google is not so good in mass hardware production
2. Fact that is one to top STB manufactures, great market to inject Google TV

Companoies don't enquire for patents... they mostly do that for resource and product equireing

"The only way to deal with a bully is by standing up for yourself (and your friends)."

So explain to me the very obvious fact that Google was nowhere near the Apple/Samsung trial... They offered no help whatsoever, way to stand up for your friends...

Wow... iOS stand so far out in front of the poorly coded Android OS it isnt even funny. Yes Android updates more often then Apple does, but think about this, somewhere around 10% of android phones owned have the ICS update, and they are already coming out with jelly bean! They should spend there time and money developing a software that actually works on more than 10% of its phone... by comparison iOS 6 will be going out to nearly 75% of iOS devices, and it doesnt have near the problems software wise that Android does... I work at a Verizon store and can tell you for a fact that 90% of problems I see walk in are on android devices. Have fun with your right now relevant phone that in 4-6 months wont support the next crappy update android pushes out... or do you just plan to buy phones outright every 6 months... what Apple does is smart, with my upgrades I can get every other version of the iPhone and stay relevant every time with iOS updates... and oddly enough, all iPhone users get there update at the same time, and its always when apple says it will be. None of this "oh well the Droid RAZR will get ICS maybe sometime." I was just happy when it finally did come so I could stop telling my RAZR customers when asked "Well they say maybe sometime by the end of the month" and then a month goes by and they come back acting like I lied to them.

Sorry, your just so wrong, and you work at Verizon? Now your ignorance is laughable. Apple is a joke, tell me what you know about coding to make the distinction that the ios is better "coded". Your terminology isn't even correct, so before you go blowing smoke like any apple fan does, get educated on the subject, coded? Source code? Like jquery, java, JavaScript, ruby on rails, c#, native and server side applications? I develop apps for android, ios, Microsoft. Android is superior in every way. I get my android updates right away no matter what device I have, you can download any android update right from the Google servers. With android you have to have a brain to get the most out of it, a tool is only as good as its user. Apple takes away any kind of control from the consumer, their iOS is break proof, in order to make something break proof you must take away options, free will of the user, and your left with a vanilla iOS and a bunch of limited applications to go along with it. You apple sheep never bring a real factual honest argument to the table, I love smacking you clowns around in a debate on who is king and that's why I will leave it at that in hopes you respond so I can embarrass you with a counter argument, please check your facts if you do respond. I'll leave off with one more thing. I know what I am doing, I want the most out of technology, I want a choice in the product I buy, and I want to customize my device to MY liking down to the most minute detail, Google and android give me that option, You on the other hand do NOT have that option, your iPhone and/or iPad looks, feels, and does the same thing as every other apple sheep's device does, options? Apple gives one.

Maybe so but like the playground if you just lie down and take it all the time the big kid will keep picking on you, some times you just have to step and punch the bully in the face and say enough of this crap because its the only language they understand

and bingo was his name-o!!! You can only sit back and let someone punch you in the face so many times before you HAVE to do something.

I sheep, and fruit gadgets. I'm sick of them both. Take a deep breath, but not too deep. Apple may claim we are using up all the oxygen they invented and own the patent for. I hear that Apple developers even patent their own turds. Where's the damn Tylenol, I have a headache now?

It's the same BS Disney gets away with. You work them for say 3 months, then you quit and your band gets signed and then you find out all of your intellectual property is really owned by Disney. Because even if you wrote the song before working for Disney, you obviously got your ideas from them.

I say, "Google, be as evil as you want to be."

I'm a firm believer in one up-ing someone. If a someone punches me, I'll break their legs. If Apple want to sue Samsung, I say, "Google bankrupt them."

Apple started all this legal BS, and Google held off as long as they could to give Apple plenty of time to do the right thing. But seeing how Apple has no interest in playing ball with other oem's, it's time to school them in play nice with others. Think of it this way, just because a person doesn't like violence and doesn't pick fights doesn't mean he's not going to defend himself when attacked.

Apple never touched Google, Google's just mad that Apples Maps is better than there's in such a short amount of time

You are loosing it. Must be hanging with Renee a little too much. When someone pushes your nose in shit time after time, when do you say enough is enough, sometimes a little offense is the best defense. Fuck Apple and the horse they rode in on. Enough of this bull shit, Apple will never stop unless someone fights back.

And you say I sound like an Apple fanboy. Reverse the words Apple and Google in your post and it sounds like every response to an Apple lawsuit post at Cult of Mac.

If Google wanted to stop it, they could have just filed to have Apple's patents invalidated. They didn't. They took the low road. Just like Apple did, and every one of us hated them for doing.

 

 

"We would like to settle these patent matters, but Apple's unwillingness to work out a license leaves us little choice but to defend ourselves and our engineers' innovations." Also pertinent to the case is the fact that the patents in question aren't standards-based, so Motorola does not have to license them.
If Motogoogle has truly sought to reach a licensing agreement with apple not willing to oblige, what exactly do you propose they do? I hate the way litigation works but I hate that its "OK" apple to sue but Google has to stay the good guy? Two wrongs don't make a right but if apple is using motorola tech without paying, shouldn't they have to pay just like everyone says Samsung must do? Don't mean to attack you if I did but I don't think its right for the bully to keep playing the bully while the wimpy kid keeps running.... time to stand up and fight!

Apple offered Samsung a license on their patents (which Apple almost never does) and Samsung refused, so Apple sued.

I have no problem with Google suing Apple either, but how's it any different?

Jerry thinks nobody should do it; I think the laws and courts need to fix it so they can't do it, but in the end at least Jerry and I are both consistent in our views.

They were ridiculous only in structure. After all the "discounts" they weren't outside other settlements. They even discounted stuff that was cross-licensed with Microsoft.

Obviously Apple started high, but that's typical of any negotiation. You never tell someone your lowest offer right off the bat.

You're absolutely right. Google should do everything in their power to get every cent they can from Apple. That's what courts are for.

Instead, they went to the ITC to get the products banned. Just like Apple does.

Ok I can understand that. Maybe they shouldn't have went to the ITC but from a business standpoint (good and evil aside) its good business for Google to eliminate the competition in one sweeping blow. Yes it sucks for those who like apple products but it is business.

not to mention that i would imagine going to the ITC has got to be cheaper than a long draw out court battle that everyone will be sick of hearing about before it even starts.

Is there something wrong with pursuing a litigation strategy to the fullest extent possible within the law?

Why would you half-ass litigation when you know that once you sue, it'll be coming back the other way in full?

You think if Google tried to invalidate Apple's patents, that Apple wont' go after Moto's phones at the ITC? That's a little naive.

I doubt money is the real goal here. If you want to comprehensively protect android, say by forcing apple to pool+license their patents, it makes no sense not to take the most drastic action to force their hand.

In fact, for pretty much the same reasons, it makes sense to do this even if you ARE after money. It forces the other company to come to a favorable agreement. So if google really "should do everything in their power" to get money, then you've just invalidated your own argument.

Maybe they do this, because it is the attention getter? Nothing will get a major companies attention faster than having something they made banned. If it works, more power to them. Apple has been using this as a tactic all along, and nobody said anything bad about it then. If you did file a patent lawsuit, how long would it sit and work its way through the legal system before any trial came from it? Months? Years?, meanwhile the company using your patents is raking in millions of dollars still selling your stuff. Seems like going to the ITC to speed things up is the right move to me.

Yes, getting a device banned in the ITC has been a classic way to gain leverage and force the other company's hand. Up until now the leverage has only been to get more money or to stifle competition. If, in fact, the leverage this time is to force a patent pool/settlement, then I call this an overdue move and a necessary evil.

Unfortunately, leverage over apple is dependent on their consumers not getting their products, so they have to take one for the common good.

Plus, the more attention is called to the BROKEN patent system, the more public initiative there will be to change it. Unfortunately for those isheeple who are still splurging rationalizations about "inventions" and "stealing", a ban may be the only way to really get their attention.

The very obvious difference here is that Apple started this whole mess. Apple and their fanboys like Rene have been kicking the tech world in the shins and stealing their lunch money for years now over horsecrap like rounded corners.
Jerry suggests Google try to getApples patents invalidated... Without having a clue just how hard that is to do. A ruling that you're not infringing is hard enough, to dissolve a patent is much more time consuming and expensive. Not to mention the basic fact that the system is so broken that I see little chance of those patents being invalidated.
Don't be evil. Was Ralphie evil for standing up to Scot Fargus and giving him what he had coming to him? No, and neither is Google for firing back after all of Apple's B.S.

I can't remember Google or Samsung ever suing anyone over a rectangle with rounded corners, can you?

Apple's abuse of the joke of a Patent system to conjure up ridiculous lawsuits is pretty unique. This is not a 'well Google does it too' kind of situation. Here we have clueless Judges actually upholding some of these ridiculous patents and a company who has no choice but to defend itself by going on the offensive.

@jerry
Google didn't take the low road, they took the "$ame" road that Apple took.
And Apple says its the right road.

Tech is tech, but business is money.

We all can judge in our own way, Evil is a subjective term. I see this an existential threat to Google. If Apple gets ban on Samsung, which is the biggest Android OEM, that would instantly kill majority of Android which is the reason for Google mobile search business success.
And about out-innovating Apple, we all have seen tech is an industry based on momentum, Apple has not put out great innovations for some time, but yet they make huge profits where as MS has actually innovated with its win Phone platform but even they are finding it difficult to sell it. If Android loses momentum, it will be very hard for them to come back. RIM is another example.
Now to the question of why Google trying to ban iDevices, well in a fight you can demand peace only if you have same or bigger weapon than your enemy. Google cant ask Apple to drop these "ban-other-product" game with a kitchen knife when Apple has a Samurai in hand.

Jerry..I'm an Android fan and a Google shareholder. I, along with many other shareholders, want Google to bloody Apple's nose at least to make a point. That's business. Then they can have Apple's patents invalidated, which is an excruciatingly long process and would have made business hell for Google's partners in the mean time.

I don't post often but I think that a lot of the comments are unfair in this forum when it comes to Apple. A bloody nose from Google? There's a reason Apple is suing Google and the likes. If you guys remember a bit of chronoligical history, it was Eric Schmidt (CEO of Google) who at the time was on the board of Apple directors and betrayed Steve Jobs over iPhone technology. He was an insider spy basically who betrayed the trust of SJ and his exposure to the pre-release iphone technology. It allowed for Android to come out quickly after the iPhone release since Google was already secretly developing it with the obvious opportunity of open source vs closed architecture. History repeats itself just like the Mac and PCs in the 80s. SJ made him resign over his betrayal and never told Schmidt about the top secret iPad development hence the 2-3 years head start in the tablet market Apple now enjoys. And which explains why Android has so furiously caught up and taken over the market. Can u blame Apple for attacking Google and the OEMs over this? This is a war of Titans but believe me - Google - do no Evil! Pleeeaassseee... B.S.

Go Google! Especially after the disrespect Steve Ballmer handed to Google after they told him that he was stifling innovation and openness. Apple has been a turd for a very long time and those iSheep will need to get over the fact that their self righteous toys will suffer because of it. Most I know are usually pompous and poiled and willing to take advantage of others to get what they want. Apple is no different. Hate breeds hate, but how do we get rid of it? Play on their grounds to get our point across. The decision is theirs...

you cannot fault one company for doing something while cheering on another for doing the exact same thing...well said jerry

Sure you can. Just like you can fault one kid for smacking another for no good reason but cheer the other kid for hitting him back.

just like when I was saving up for a Galaxy Nexus and then couldn't.......trust me when I say I don't feel sad at all hahahahahahahahahahahahahaha

cmon man.... you had to wait an additional week at best... i dont feel bad either but lets not bring up the galaxy nexus cause the whole apple thing hardly effected anything with that regard.

I hate to say it but it's just not efficient to let some guy go around bullying all your friends, only thing to do to make as many as possible happy is to quiet the hater. It's not nice, but they unfortunately ran out of opportunities to get the nice treatment.
I mean I'm not a nice person, but I feel that even if I was, I wouldn't be able to deal with their whining any longer. No patience comes with the whole not-nice thing

Playing nice? None of us really know what Apple and Google has had chats about, I think it will only be time that Apple gets dirty with Google, that is what they were taught to do by SJ's. I hope that the apple vs samsung lawsuits that both parties learn some sort of lesson when it is all said and done, but I'm still a believer that you need to stand up and protect yourself, Google did not start the thing, and we know where a lot of nice guys end up...

Jer bear, love you to death bud but your going to have to look at this from Googles perspective. Its largest and most successful businesses partner is being corn holed in open court right now by Apple. I have no doubt this a direct result of pressure being applied by all partners right now...Samsung at the head of the pack...either get up here and stand shoulder to shoulder with us...or we'll diversify right out of Android. Samsung has been publicly threatening this lately...and with that evidence coming out in court about Google warning Samsung about copying Ape...well you do the math. Google may not directly profit from Android licensing... this devices generation an EFF ton of ad clicks and service draws. Apple provoked it...Samsung stupidly keeps fighting to justify Touchwiz (of all thing) and now has put Google in a position to fight or give up the rights to billions and billions of little clicks per day.

As much as I would like to see Apple put in their place, I'd rather it didn't happen like this. Apple needs to be taken down a peg by other's innovation and usage of marketing, not a patent system. Those of you saying that Its only fair need to keep in mind that two wrongs don't make a right. All I can hope is that if they do win is they make Apple play a bit nicer on the playground, but odds are that wont happen.
And seriously, if you hate Apple going after OEMS for patents that you don't agree with, then why is it any better for Google to do it. Get a grip. Anyways... Thanks for the awesome post Jerry :)

I agree out innovate is the key yea. That being said though it's hard to out innovate when every other minute Apple is being blessed (i'll call it that not what I really can't say here)with another patent for the air itself.

Thing is the strategy Apple was going after was an effective one. They had the big war chest and the other's couldn't keep up. They never wanted to go up against Google itself. Now though with Google having all it's ducks in a row. They are going to take the fight to them. SJ was crazy enough to say h3lls bells and blow all that cash on it. Tim Cook is committed but he's not stupid. If this gets bloody watch they settle faster than a deflated souffle.

Apple is less about innovation than about patenting minutiae and using those patents to drive legal strategies to kill Android.

Imagine, if Google filed for sketchy patents like Apple does, how many they'd have.

I don't get why people think, "Don't be evil." means Google should be a pushover. With all the evidence we've seen from Oracle and the Samsung trials, it's clear that Google does not support copying. And it does try hard to work with other companies. And it does not sue when that doesn't happen. Apple on the other hand, does. Heck, Apple will sue its own suppliers (like Samsung). And now they are going after core functions in Android (like local search). Does anyone really expect Google to just turn around and bend over?

Thank you for a great article.

It makes me really happy knowing the people who report me my news are capable of being fair, regardless of whether I actually agree with the analysis.

(for the record I mostly do, though I see some of Google's other actions as slightly more evil, and this one as slightly less, I do agree with the overall analysis)

My thoughts exactly. Though I wish Jerry would have spoken up earlier last week about Google not following their mantra of "Don't be evil"

http://www.engadget.com/2012/08/09/google-to-pay-22-5-million-ftc-cookie...

Basically, that article reports on Google placing tracking cooking in the Safari browser that tracked Safari users even when they had explicitly opted out. Of course when settling with the FTC, they don't have to admit to any wrongdoing.

I wish Google didn't have to lower themselves to the standards of other companies ways of operating and instead lead by example of how companies should act.

Jerry, for pete sake, nobody is going to be shut out of buying a ipad.

Can you not read a corporate 10k after all these years man?
There is more than enough profit in an ipad to pay the license fees for the technology Apple is ripping off.
Apple will just pay the money as soon as Moto gets the import ban.

Please stop crying big crocodile tears for the king of the patent trolls.
You said yourself a few weeks ago that Apple would never stop suing. Could never stop suing. Now you propose that everyone else turn their legal cheek and do nothing while Apple cranks out lawsuit after lawsuit?

This is the lever that forces them to stop. Moto doesn't want the money. They don't want to blockade ipads. They want to force apple into reciprocal agreements that make the situation better for everyone.

Please stay the hell out of things you don't understand. There are adults at work here Jerry.

Of all the people in these comments, I figured you would read what was written instead of assuming.

I never said anyone should turn any cheeks. There are ways to have a day in court without asking the ITC to ban products. Google could pursue these all day long, and I wouldn't give one tiny shit. Instead, they did the same thing Apple did, and now I get to watch all the hypocrites cheer them on.

I expected better. But that's what I get for expressing an opinion -- piles of folks hurling insults. 

Let's hope the threat of a lwasuit over standards patents is enough to get Apple to fold. If this goes to court...and an ITC ban is issued...Google would be stupid not to refuse licensing (which they have a right to do over that particular bottle of vodka). Such a move would literally bankrupt Apple...in pure punitive damages and 0 potential for future sales of the current IOS line. I don't know about the rest of you...I don't like Apple or its shitty products...but removing competition from the market is never a good thing...regardless of who it is.

The idea that Google would spend the time and money to invalidate Apples current patent...while certainly best case scenario...is unlikely. Itd take years and millions of dollars for courts and the appeals process to do so, and even if Google wins...the red be no way to recouo the costs (not to mention the business partners it'll lose during the process)

While icebike did not need to take such an offensive tone i agree with all his points. This is not being hypocritical and we are not hypocrites for supporting this. Apple's goal is to take android products off the shelves. Googles goal is just to make apple stop (presumably). You fussing over how they go about doing that is silly. They are not being hypocrites or taking the "low road". The ultimate goal with this is to call a truce. Apple started this. This is the best shot at stopping them for good. Trying to get patents invalidated is moot. Apple will just come back with different patents. This is the only way to make it stop.

Sorry for the insults you are receiving but I do think you should reconsider your position and stop calling people hypocrites because we are not.

Sorry, Jerry. I was too harsh. I apologize.

I still believe Google is on the right track in going after an import ban.

Yes, they can sue, and spend the next 5 years in a legal paper fight of discovery, motions and counter motions. It would cost billions.

And all the while Apple would be seeking import bans. Apple will never stop. Someone said that here recently.

This will be the quickest path to resolution, if they are successful. Further, nobody gets hurt very badly, because all apple has to do is pay the money, or agree to stop the import bans.

The very smart Google Lawyers, the same bunch that just bitchslapped Oracle, know what they are doing. Let them earn their fees. They need to convince apple that this import ban weapon is not something that should be used.

Suggesting Google bring only a knife to a gun fight just because you think they should take the high road is not good for Android, and just perpetuates the status quo with Apple riding rough shod over all the other players.

I don't like the situation and I think the system oughta be changed to once again put innovation AND competition as primary goals but... I don't have any problem whosoever with Google fighting fire with fire while we're still ruled by the system that we have in the present. Let's be honest here, this is all gonna be settled one way or the other LONG before any meaningful change to the patent system is achieved.

Google didn't start the war, but they're in it, ignoring it or playing defense only hurts THEIR product and THEIR customers, which is ultimately the only thing that should matter to them (well, that and the stock price, I think they have a little less to lose than Apple tho). Riding this don't be evil mantra and taking it out of context is so beneath you man, they've stated numerous times it's about not doing evil by their customers.

I doubt anyone seriously expects a long term ban on iPads to be upheld, and yeah they may manage to force Apple to change a thing or two which might ultimately harm the user experience (however unlikely), it's already happened the other way around; but ultimately it's just a legal maneuver to force Apple into negotiations and make them see this war of attrition doesn't benefit anyone in the long run.

If you can't see it for what it is and you seriously think Google's somehow losing some sort of moral ground here you're way more than I would've thought. It's about time Google got serious about this mess and stopped playing defense, yeah it's a dirty first volley, but so what? They're already in a messy situation.

Say what you want, but I still believe if it wasn't for the iPhone Blackberry would be king then maybe Android or Windows and Windows would still be running 6.5 or so.

Todays phones would still look like this:
http://www.phonesreview.co.uk/2008/03/25/google-android-mobile-phone-cou...

As far as Google always being the good guy and Don't be evil motto......Google does everything in the background just like now. They are using Motorola's name as the bad guy. They tried to interrupt the market when flash was on its way out, they are doing it with HTML 5 codecs and trying to push their WebM VP8 codec when it was pretty much settled that Flash was dead and HTML 5 codec would be h.264. They are a dirty company in the background drawing the strings and looking like the good guy in the foreground.

But did like the article, written very well and fair!! It is starting to get out of control, Apple just needs to strike a deal and license the patents, but supposedly Samsung has refused so what do you do? $30 sounded high to me so maybe that is why, but who knows. Its getting ridiculous.

Blackberries are garbage :| there were touch screen phones before iphones Lol. try again. My family has had cell phone stores since the startac lol.

Blackberries are garbage.....I sat down with one and within 5 minutes I said it was junk. A guy in our department had to get them. But a few years ago that is what all the companies used and was the most popular phone. Well for business anyway. Yea there might have been some clunky touch screen phones just like we had clunky tablets in the 90's, but what made them work correctly and properly? The iPhone and iPad.

Hey jackass,

Do you know why they were pushing VP8 over h.264?

If you're going to troll, do it right. Tell us why Google was pushing VP8 over h.264. Heaven forbid that Google push an actual open standard that doesn't contain patented technology that requires royalties to be paid.

As the rest of your ridiculous crap, why do trolls like you not get the difference between software and hardware? Android has been designed from the beginning for multiple form factors. Just because they showed one, doesn't mean Android could support the full touchscreen form factor which eventually became popular.

VP8 is based on Ogg that has been around for ever and isn't as good as h.264 plus it was announced h.264 would be royalty free. H.265 is just around the corner and is supposed to use half the bandwidth and VP8 is riddled with patent infringements.

But the standard was already set. Google keeps interrupting the market to push their own standards and causing mass confusion for consumers after standards have already been set.

And what phone made full touchscreen popular and rebooted the phone industry pretty much? The iPhone........

this is all just to get Apple to pay whats due to Motorola(i think they owe like 400 million in licensing fees, and these are AGREED licensing fees from years ago)

Wow, this editor. Write for Android based community and side with the opposing. Google has always backed their platform indirectly, so where the hell does "don't be evil" come from? Protecting Android is evil? He argues that Google and Android gives consumers choice. Apple is trying to remove choice. Hello?

Could you imagine going to your favorite sports blog and an editor is cheering for the opposing team? Obviously everyone here is an Android fanboy so who the hell wants to read this. This garbage needs to be removed.

I mean, don't get me wrong. I don't hate Apple. I just think that trying to shut down Android ("choice") is ridiculous. Google is doing the right thing is defending choice.

I think if you were in charge of a company who rebooted the cell phone industry and spent billions of dollars on your idea and have another company copy you and put out junk phones to comparable phones to flood the market to defeat you and lie to your face on what your coming out with when the CEO is on your board that has previous workers from your company and developed its copy for far less I think you would feel the same way. Go back to 2007 and think about it by putting your feet in Steve Jobs shoes. Know the history of how both Phones came to be and you will understand. Its almost the same how Windows and Mac OS came to be. Its history repeating its self again and Apple has been stabbed in the back both times.

If what you say is true, Apple's board is ignoring their legal duty to sue Eric Schmidt for disclosure.

So why aren't they suing him? Tell us that.

I have said this is a repeat of the Macintosh for a while now. I used to be an MacOS user in the 90's, hence my name. I am no longer. The problem is that you can't expect to own a market with no competition. Even if the iOS devices are groundbreaking, which they were, our system isn't/shouldn't allow one company to have a monopoly on such a universal technology as a smartphone, and don't use development costs as an argument. Apple has made a pretty penny despite Android. The only reason Apple has these patents is a failed patent system. Back to my original point, though. There are three examples that I can think of, in my life, that the closed/unlicensed technology has lost the battle with open/licensed tech: Sony Beta Viedo Tape; Macintosh; and now iOS. Apple has failed to realize, AGAIN, that their closed ecosystem will eventually lead to their product relegated to niche status. They are the very definition of insane, and as the saying goes "Fool me twice: Shame on ME."

EDIT: Replace MacOS user with fanboy.

What the fuck? Your ego must be messing with your eyes. Jerry didn't side jack shit with Apple. He just said their was an Alternative path than playing little fucking bitch. I can fuck a guy up, and then he will come after me and do the same. I will get pissed and do it again to him, and then he will come and do it once more. I mean, fine, go for it Google, teach them a lesson, just don't turn into an ass because you can. Jerry wanted the cool path basically, the one that would show that Apple is 1.)A hypocritical ass that acquired a God Complex and 2.) Google is better than Apple and doesn't have to be a dipshit.

Jerry's path is moronic. He wants Google to just invalidate the patents. Guess how long and how much money that would take. And in the meanwhile? Android OEMs are supposed to accept the bans?

And after all that, what happens when Apple then just launches with another patent next week?

Jerry doesn't get it. Litigation is a major part of Apple's business strategy to counter Android. They aren't just going after Samsung for Touchwiz. They are pursuing core functionality like Local Search. They aren't going to stop if Google invalidates a few patents.

Asking Google to the nice guy is basically tantamount to appeasement and taking the Neville Chamberlain version of the "high road".

I normally agree with you Jerry because you are a voice of reason. But you are way off base here. Google isn't being evil with this and the press release even reinforces it. Motorola has tried to work out a deal with Apple but Apple isn't playing ball. And as we've seen in Apples fight with Samsung over FRAND issues, Apple seems to believe that they deserve special treatment by not having to pay anything for patents they want to license but in return they want absorbanent fees to license their patents to others. Google can't afford to sit on the sidelines, they have to actively try to work out deals and when they can't, lawyering up is the only recourse.

Is there no chance that Moto is being sincere that they have indeed tried to work out a friendly business arrangement only to have Apple ignore them and continue making a fortune illegally using Moto patented property? I say Moto, as discussions on these patents may have been ongoing for years. Google is in it to make money and they make no bones about it. This may be the only way for them to recover what is rightfully theirs from a company that obviously has no respect for them.

I just don't get this mentality that Google is now being "evil" by doing this.

Patent wars are stupid. I agree with none of it. I wish to see it all disappear, and I want to see technology companies leave each other alone and let other companies innovate and compete, not with litigation in the court room, but in consumer products.

However, Apple started it. And yes, that sounds very juvenile if you compare it to two kids in a playground. One kid pushes the other once, twice, three times maybe, and the other kid pushes back. Two wrongs don't make a right, everyone should play nice, etc.

But that's a very poor comparison. Apple under Steve Jobs (and now under Cook) has made it both a company and a personal policy to destroy Android and its OEM partners (his words, not mine). Those words were from a man who stated that he would be willing to spend every penny in his company's bank to make sure Android is no more, damned if that meant his own company would go under too because of it. And they've shown that they mean it by spending millions, if not in the billions now, to make sure products such as the Galaxy Tab 10.1 were pulled from store shelves, even nearly a year after the product was released.

This isn't a playground bully comparison anymore. Apple isn't shoving and teasing. Apple is taking a machete and attempting to commit to murder. And Google, as a company, not only has a right, but also a responsibility, to protect itself.

I believe on an episode of the podcast some time ago, when the discussion came up over either the Galaxy Nexus ban or the Tab 10.1 ban, Jerry, you stated that while you don't like it, Apple, as a company, has a responsibility to its shareholders to do whatever it takes to increase quarterly profits, and by litigating these things in court, they were doing just that. Doesn't Google or its OEM partners for Android have that same responsibility?

The way I see it, Google has two options. They can either continue to be silent and let Apple attack, watch as its OEM partner's hardware gets banned all over the world, and ultimately watch Android fail. Or they can use their own patent holdings to defend themselves, and perhaps either convince Apple to back down with their suits, or launch so many suits that the patent system gets reformed. That first option doesn't sound so responsible to me.

I don't think Google shouldn't be looked upon as "evil" for it. And this whole idea of, when Apple does it, it's being responsible to the shareholders; when Google does it, they are going back on their word of "not being evil", doesn't sit well with me either. You're rationalizing one company's approach while chastising the other for the same approach, just in defense. And if the justification for that is, "well Google should be better than Apple"...like another person above me said, it's a business, not a playground. There's a lot more at stake here than just Google's feelings.

Looks like you're deliberately trying to start a forest fire....so I'm going to pretend I never read the article, just the headline.

I'll start by yelling WTF TOOK GOOGLE SO LONG??!!!!! I want them to pull out every patent under the sun that has a chance and go after Apple. Show them that they are not the only bully in town. Let them spread that wealth.....

And I don't give a rat's hairy butt if their Barbie products get banned or not.

Actually I think it would have been better, in terms of image, for Google to have just made Apple pay up. It would have shown that Google can stick up for itself, that Apple is not untouchable, and that Google has class and isn't a little bitch like Apple. Truthfully, yeah I am pretty happy about this, but after more thought, I'd rather be associated with a bad ass company (Google) over a pussy (Apple, and Google if it chooses to do this again many more times in the future). But whatever, doubt they will get banned. Apple will probably suck Google's dick in the end to get out of it.

F..k these jerks from Apple.they are getting their own medicine now..I have to +1 this one ladies...hit them HARD GOOGLE.

Oh, please. It's okay for Apple to defend themselves and sue the whole damn *world*, but anyone who dares to step up and serve it back to them is suddenly labelled as "evil"? Gimme a break. Apple is the one attempting to deprive the world of choice, not Google. Apple is the one who want to annihilate all competition and turn the world into iWorld. Arrogant bullies like Apple need a damn good whipping every now and again to knock some reality into their contemptible delusions.

Yes, Apple *does* deserve a taste of its own medicine. And yes, I cheer that whole-heartedly. And no, I'm not going to feel the least bit sorry about potentially depriving the iSheep of some overpriced, overhyped iDevice. What makes ME sad is the possibility that if no-one makes a stand against Apple, then Apple will gleefully turn the tech world into the equivalent of North Korea.

Honestly we have all had enough of apple and it's overall bullying of android manufacturers. Enough is enough plain and simple PISS ON APPLE and all of it's users. Samsung has stood up to apple and I admire what they have done. Apple has been in a major barroom brawl with Samsung and it's refreshing to see the bully apple tamed. I welcome Google having all apple products banned for as long as possible. Apple did it to Htc Evo 4g Lte owners and didn't give two shits so why should we. Ban those ipads and that new upcoming iphone 5 on September 26th the. Great timing Google.

Screw that!!! If apple wants to act like a bunch of dicks then they need to be treated like such. What's good for the goose is good for the gander.

#boycottapple

I think we should wait a short minute here before calling google evil.

Is google going to go all the way through with the ban? If yes, 100% evil.

If google's just trying to fight to a standstill, where it has enough dirt on apple to make apple think twice before banning an android product, but also show the restraint to not return ban with like ban on apple products (ie, open market, no bans) then I applaud them.

As it is, I'm cautiously holding back to see which they plan to do. If they go for the ban, not good Google. If they go for the standstill (no bans on apple products, but enough to fight a ban on android products), good on them. It's not the way I'd like them to go, but they could do worse.

I'm happy to see google taking the fight to apple after taking all the hits they have without flinching, but it does make me sad that any of this Patten BS is even going on. So mixed emotions about the whole thing.

I'm sorry Jerry but this is a poor article. As android users we need Google to stand up for us. Apple has tried to get every high profile android device delayed or banned. I really doubt any apple product is going to be pulled from shelves, but I wouldn't respect Google if they didn't fight back.

so basically Jerry is saying, if someone comes and repeatedly punches you, over and over, simply let them and walk away? I don't know what world you live in, but in this world, you defend yourself. This would be WAY different if Apple just sued 1 single company, on good merit. They have gone after everyone that does something with Android, because they want to stop or halt the product and suppliers. In your world you would let Apple continue until nothing was left and they stopped and took everything. Wake up, you defend yourself and go after them once you've had enough. Google didn't start this, nor HTC, or Samsung, etc... Apple did, now it's time for Google to put a stop to it, and I'm 100 percent behind that. Punch a bully back in the face, and you show them your not afraid and they show you how much of a coward they are. Sometimes you have to fight fire with fire, LITERALLY and figuratively...

Hey Jerry! Nice write up! You see the problem is, you wrote an article about principles and ethics of a company for a group of simple minded fanboys who couldn't possibly understand anything besides their idea of 'justice' or some number value of money.

I knew I could count on you, Jerry, to see things the way I do. I really don't see this as anything different from what apple is doing. I'm tired of the patent wars.

I liked the way you put that last paragraph. Patents were originally meant to promote innovation by allowing creators to protect and sell their ideas. Unfortunately it has come to a point where it seems to be stifling more than it is promoting. The only thing that is really promoting growth right now is competition. Competition makes phones better and cheaper on all fronts. Steamer, you cannot argue that Google's work on android hasn't borrowed from Apple's iOS (and vice versa) if it hadn't been for what they've both done, a smartphone would mean we'd have a Treo with a capacitive screen. The first android prototype was not much different than a glorified Blackberry Pearl style phone. You definitely wouldn't be enjoying android the way it is if it hadn't been for the success of the iPhone for better or for worse it is as a smartphone. In other words, if it hadn't been for the standards set by the opposing team, it would be extremely difficult to 1-up a standard from scratch.

This has absolutely nothing to do with the fact that one company is abusing the Patent system to try to stifle competition. Yes the iPhone reinvigorated the smartphone market, but that's another topic.

Apple is just an extremely greedy company and cannot stand competition. They started a dirty fight with someone who's not willing to back down. And it's not like they're hurting.

dont be evil. i couldnt agree more man. id be a complete hipocrite if i didnt.
its a sad day man. im a self confessed android fanboy but this isnt the way to win. its sneaky and sly and... apple :(

you forgot one point:
what happens if other people in the "playground" are RESTRICTING google from providing the "choice Android and Google give us"? .... and your argument folds.

Jerry well written article. I really enjoy your articles and perspectives on things, but take a look at your content in the article and then look at the comments below it. When people started attacking you or insulting you however you want to look at it you defended yourself. I am not saying what you and google did was right or wrong in defending yourselves. Just remember people aren't always going to agree w/ you. I see Renee get bashed all the time and he does a pretty good job of taking the high road. I think you do most of the time as well.

Most everyone make really good points here. Google has done a great job of staying the silent nice guy and apple is working from past experience when Microsoft took them for a ride. I don't think this will cause apple to drive the iPad prices up, if anything I hope it wakes every single OEM up and they all decide enough is enough lets innovate, but I doubt that will happen.

As long as the patent office and the court system allows companies to waste taxpayers money then this will continue to happen. What is the correct solution I am not sure but all we can hope is it get fixed.

Fist of all I don't see this as Google Being evil I see it as them defending them self.

Also Motorola would have done the same thing if they had the money as Google funding the legal fits.

Nice article. But to tell you my side of the story. I had to wait 3 weeks for the Galaxy Nexus with Jelly Bean to become available after Apple banned it with the local search patent. Jerry, if Apple violated Motorola patents it is fair for me that those iDevices get banned. Eye for eye and tooth for tooth. Apple started it so don't give me that Google is evil non-sense. I am actually pissed that it took Google all this time to fight back the bully.

I'm completely with Jerry on this. Google shouldn't be doing this, they have been good so far. As much as I want Apple to loose , I don't want Google to take them in court. Technology from Google has always been opensource let Apple ape everything from Google, Android fans will be happy to make fun of them :) and prove them they are not Henry Ford or other inventors.

This is going to echo what MMcCraryNJ said to an extent. I would agree with this almost in its entirety, however, I think some realism needs to be mixed in with our lofty expectations.

Google < > Gandhi
They will stand up for them selves eventually. So for the moment at least, I would like to THINK that this is Google’s way of saying “BACK OFF!” Really, they could go after almost anyone with the patents Motorola has. But they choose to pick a fight with the biggest bully in the yard. You may say “two wrongs don’t make a right”, but that is BS and you know it. Doing “wrong” to someone is the vary foundation of every legal system on the planet. Without consequences for ones actions there is only corruption and anarchy. You will be hard pressed to convince me otherwise.

There is also no telling how long these negotiations for patent licenses have been going on. This may even be pre-Google, but you are right. Google does have the final say. And it is sad that it has come to this.

I would have MUCH preferred Google to use some of its might to lobby for patent reform. I know the ITC is controversial, but I don’t really understand why this is seen as such a negative on Google’s part. Keep in mind my opinion on the matter, that this is a move by Google to show Apple how no one wins in the end doing this. Ya know, the whole War Games movie and “A strange game, the only winning move is not to play.”

Again, I hope this is nothing more than “education” and doesn’t become a long term behavior.

It's three multibillion dollar corporations fighting it out. I have Apple stuff, Samsung stuff, Motorola stuff and Google stuff. What will make me the most happy is a Motorola Nexus phone. There isn't much I can do about the food fight in the meantime. I doubt any of these companies care about my opinion. Just my bucks.

While I'm with you jerry on these lawsuits suck Motorola said they did try to reach out and work with Apple so I don't see where Google would be keeping people from getting I-devices. This would be Apple's fault for being evil atleast Motorola gave Apple a chance which is far different from how Apple is handling this.

" I'll be here thinking of the people who might be saving to buy an iPad, only to (potentially) have the opportunity taken away -- by Google. "

Well hope you were sad when there was import bans on the Galaxy Nexus, HTC One X, HTC EVO 4G LTE, etc.. the same way.... by Apple.

Jerry, I'm pretty sure Google doesn't WANT to do this. They make money on ads, remember? And they make more ad money off of iOS than Android. Them banning iOS would kill their revenue AND get them alot of hate from the public. It's a bad move all around. They're just showing Apple that they can bring out the WMDs, too, and that maybe you should withdraw your fruity lawyers.

I disagree that Google, through Motorola, is now committing "evil" by suing Apple. It's a bit like Democrats vs. Republicans or Red Sox vs. Yankees; When the other side changes the game so thoroughly, you have to play by the new rules to stand a chance.

ABOUT FUCKING TIME FUCK THOSE IDIOT AND I SHEEPLE AND THEIR FUCKING POS OVER PRICED BS THEY CALL SOFT WARE FUCK THAT STUPID SHIT!!!! FUCK YOU APPLE!!! FUCK YOU!!! THEY ARE THE BULLIES THEY ARE THE ASSHOLES THEY STARTED THIS WAR NOW ITS TIME FOR GOOGLE TO STRIKE THEY ARE LIKE FUCKING HITLER AND STALLIN COMBINED THEY MUST MICRO MANAGE EVERYTHING EVEN THOE YOU PAY FOR IT IF ITS NOT IN THEIR WAY THEY SAY FUCK YOU ITS DONE LIKE THIS ONLY SO NO FUCK YOU APPLE!!!

I'm tired of all of it. Apple is pissed at Google for obvious reasons. And Google is just trying to shelter all of its manufacturers. Apple has a right to be pissed. Google has to try to protect its manufacturers. None of this will ever stop, that's what's so frustrating. This whole "evil" or not thing is ridiculous. They're all just doing whatever they can get away with to make money. That's not "evil", that's business.

The focus should be on the patent system in my opinion. I don't know how to fix it, but something needs to be done differently.

eek...I hate apple for all their suing, but please google don't do the same thing unless its a way to stop the patent war.

Good for Google. I honestly do not care about either companies "Motto's". Apple makes great products, Google makes great products! I use both in my daily life.
What really needs to change is Apple being granted patents on things that they should never have been granted.

Here's a new flash though! The average consumer does not give a damn about Apple or Google suing whomever. It's only us tech junkies who like to argue over such things.

One Judge in Europe already said a couple of months back that Apple infringed on several of Motorola's 3G patents. Guilty devices were the iPhone, the iPhone 3G, iphone 3GS, the iPad 1 and 2.

You do realize that all this has to do with profit right? Without profit there would be no android os that I love. This was a business decision, and I see nothing evil about it. In fact I think it would be more evil to all android users for Google to let itself get run into the ground by apples constant suits and product bans. You have to realize, every case Google loses, every product that gets banned, the media has a firestorm with. That is negative for Google. When the average smartphone buyer sees Google products being banned, they see instability, anti-trust, and they will take their business elsewhere. Google must level the playing field. It is not evil, it's the real world. You fight, or die. It's what your fighting for that matters.

As an end user, I have this to say to the tech companies: Stop suing each other over trivial things, and please put the money you'll save from this to R&D so we can have shiny new toys to play with, in turn giving you more money than you would have from trying to ban imports on your competition. The one thing that Google/Motorola could have done to make sure more people would buy an iDevice was sue Apple over it. Same goes with Apple suing Android manufacturers. Human nature, we're more likely to do/get something that people say we can't/shouldn't have. (in most cases)

I disagree with this article. We don't live in a utopia. Google is a business. Samsung is a business. Apple is a business. When Apple files to have Samsung devices banned it's a huge hit on Samsung. It's not like a bully on the playground. It's a multi-million dollar hit. You can't just go home and put ice on it. Jobs are at stake, people's lives are at stake. Samsung is looking to Google to take some lead in the fight to help stop this mess. You said (and has been pointed out many times here) that Apple won't stop, can't stop with the lawsuits. I disagree. Make them hurt a little bit on their bottom line. They might wise up a little. At the very least they'll know they're not invincible.

On the other hand we don't want Jerry to be sad. Forget all the innovation, effort, design, hard work, and the very lives of those workers who put together great products like the Galaxy Tab 10.1 or the Galaxy Nexus: both banned in several countries because of these silly disputes. Forget the shareholders at these companies whose stock goes down whenever Apple files a lawsuit. JERRY'S SAD. That's what's important. Minimize the rest of the world to happy feely metaphors about playgrounds and unicorns. That will make your apathy toward those who really suffer much more colorful and palatable.

And most people who are excited for this lawsuit are not hypocrites. Like me, most are just hoping that Apple will get a taste of their own bitterness and end the lawsuit frenzy. It's not evil to hope for that.

btw, I am not hurling insults. Just trying to point out that we don't live in an idealistic world where everyone has a pony. Decisions have real-world consequences and affect real lives.

This is not first Apple lawsuit and it's not like they winning each one of them, they not babies that will cry same as Samsung and Google didn't :> So don't expect that Apple will change

You are correct about Apple and not being their last. The difference here is though is that now you have a company with as big a war chest as them. Now the game has changed and not in Apple favor.

We can't expect Google to consistently present itself as "Superman" in the business world. They have to make an intimidating presence in the arena or else they'll become a doormat for Apple. But I get what you mean, though. They're doing the same distasteful act as Apple. However, if I had to choose a side between the two, I'd pick Google mainly because I like their products.

Thing is, if someone keeps throwing punches at you, eventually you have to punch back. I'm not cheering for Google in this case, but I understand where they are coming from. With Steve Jobs gone Google is going to push and see if Apple has the same determination to win against Android at all costs.

I just wonder what would have happened if Google had acquired Palm when it was up for sale and got it's bundle of patents, would they have countered sooner if they had that ammo.

At this point I just want things to keep escalating until there is some real patent reform. I want every side to keep punching as hard as they can until enough people have had enough of this crap to make a difference in the idiocy from the type of patents granted all the way up to the forms of legal redress available when a worthy patent is actually infringed. Otherwise, without meaningful change, we'll be reading these same damn types of stories for the rest of our lives...

what i take from these comments ect is that its the laws that need to change. although i dispise what apple, and now google? are doing but if u dig a pit for terriers....

I feel where you're coming from Jerry, but I don't feel that Google is being evil in defending itself. And believe me that all they are doing. They just want to be left alone. But when the bully shows up every day to shove you in a locker and take your lunch money, eventually you have to stand up for yourself.

(P. S.) I didn't read all the comments so forgive me if this has been said already.

I agree with you, but there is another thing. If just Apple would keep suing Google and they wouldn't do a thing against them the price of Androids would just go up and up and after some time iPhone would be the cheapest phone on market. Although it's sad for people that are saving for iPod. iPhone or iPad Google should defend somehow. You have to take it also from the other side where people are saving for Android...

I agree with you Jerry that these companies shouldn't be doing this, but seriously Apple needs to learn a lesson, you really think that they would stop at anything? It's like one kid bullying another and the other kid finally hits back and you tell the kid to just be nice and take the bullying. Apple needs to learn a lesson, being nice is one thing but taking punches and standing still is another. Google knows whats up and I am sure they won't be that nice in the future.

Litigate against Apple is right in my opinion. When someone is evil, we don't emulate but it is right to use the same evil on them to make them realise how evil they are. Apple is getting out of hand. If no one stands up against this big bully, then Google needs to. This action is perfectly align with their corporate slogan in my humble opinion.

I think Jerry just has a problem with this particular method of fighting back rather than the fact that Google is fighting back at all... Seems to have gone over a lot of commenter's heads, however, Jerry isn't a lawyer and sadly his moral outrage doesn't have any room in the courtroom. The law isn't practiced in a black and white world, sounds cliche but it is what it is, at some point they have to fight fire with fire in order to force Apple to back down.

You don't see them going after Microsoft this strongly even tho MS went after every Android OEM do you? Why? Because MS was very clear that they were more than happy to just settle and take the money, which in turn protects them from further litigation and allows both parties to keep competing. Apple in turn has made it very clear they don't wanna settle, they want to stomp out the competition.

Android OEMs and users have already been harmed by Google's inactivity... It really isn't about how they fight (which is what Jerry's taken issue with), it's about what (and who) they ultimately fight for.

Jerry no one is going to be deprived of anything. The worst thing that will happen is the iPhone 5 will be delayed a couple weeks and there will be a brief shortage of iOS devices until Apple finally relents and agrees to pay Motorola what they are due and fairly license whatever Motorola wants ... and then they will think twice before trying this crap again.

We all got our Galaxy Nexus's, One X's, Evo LTE's and Galaxy tabs ... just a couple weeks later than we wanted and as much as we all griped about it no serious harm was done other than Samsung being intimidated into removing universal search and realistically that will be back eventually.

Motorola is doing this to prove a point nothing more.

Jerry you as always are spot on. Many bad things are done in the name of 'Business Practice' as if it earning as much money as possible makes it ok to do anything.

Google has lots of money and I'm glad they spend bits of it on ideas that may never come to anything. Let's face it, what would change if they had double the amount of money they earned?

I'm bored of the money grabbing and miss the sense of adventure every kid would have while they ran around their school yard.
Gadgets are the little bit of wonderment I hold on to and Google standing and choice ethics is why I use android. Can we not have one company that holds to something other than crushing its opponents?

They aren't trying to crush anybody. They are trying to force Apple to cross-license so that the lawsuits stop. Apple doesn't want to do that.

I don't see this as google straying towards being evil at all.
Its pretty clear that apple is not going to stop with the litigations. In fact, if they make any head way against samsung expect even more. This is google leveling the playing field by saying to apple "if you're going to continue with this tactic I'm going to stop you and it will be very unpleasant for you to continue". Clearly, google is not doing this for fame, fortune or boost in public perceptions because they would achieve none of those things with this line of attack.

I see it as a bully picking on people and now they are picking on a friend of yours so you (being google) who is as big as this bully is standing between your friend and this bully. You're saying if you want to punch my friend you go through me first. Its defending your territory, your friends/associates and finally having had enough of sitting on the sideline and telling the bully to go away with a big bat.

As much as I respect Jerry's opinion, I would love to see Apple getting a taste of its own medicine. Great article tho Jerry.

It would be better if they just dropped it but personally i hope apple dies as a company i do like the ipod touch but thats it i could by samsung tab instead of ipad. The reason?? Cuz i had an upgrade on ny phone and i waz gunna get the galaxy s3 but since apple is suing samsung i had to settle for the droid razr still a good phone i do love it but its no galaxy s3

(Wow, this has been some post!) I agree with most of the comments stated. And yes, it's a sad reality that it should have to come to this. But it seems that it's necessary. As for Google's legal actions of filing to sue Apple, via Motorola patents, that Google has strongly weighed, analyzed and heavily considered their reasons for doing so. From my perspective, it's something that Google feels that they need to address and take action upon, NOW!!! Google's legal actions and intentions are not frivolous. Google has more details, has strong reasons, and feels that this legal action is necessary. I have faith in Google, and expect of them to do what is right. This battle will get ugly...

I agree with that Google are doing personally - they need to find a quick way to get Apple to stop with the lawsuits - and I would be willing to bet this is about Google Now. Apple of course forced Samsung to remove "device search" from their phones. Google Now allows you to do things like make phone calls, play music open apps etc - these actions all require the Google Now app to be able to return results about the data that is on your phone, this would violate the patent that Apple hold. Google could go to court to try and get the Device Search Patent invalidated (and if they win, Apple will appeal it) - but while they are doing that, Apple will take every manufacturer to court that releases a Jellybean device (not just phones) (or updates an existing phone to Jellybean) - that will seriously hurt Google.

Jerry, love your articles and your non-bias thoughts but:

The only "real" way to win a war is to not fight it at all. But sometimes it's a necessity to keep things in a real perspective. When you fight a war, you don't bombard your enemies with styrofoam bombs and twizzler missiles on first contact, you hit them with the most powerful weapons in your arsenal to pound them into submission so the enemy surrenders and it ends quickly to save the loss of life.

Google in this case is trying to hit them hard and fast to get them to stop the stupid shit they pull so there's no more casualties, i.e. nexus 7. Will it work? No. But it's a start. But what your asking Google to do is hit a giant that has armor and WMD's with a multishot spitball gun. It's not going to work. Google knows what its doing and let this play out because, ya know, it could turn out totally different than what you originally thought.

Jerry,

As somebody who buys Apple and Android products, I fully understand where you are coming from.

But I also feel like Apple wants this fight and they've been taken advantage of Google's reasonable nature. To Apple, "Don't be evil." = pushover. This is Google trying to secure Android. If they can force Apple to cross-license some patents (at least as far as core Android is concerned), it'll stop a lot of the Apple vs. the world patent fights. And it'll put to rest the idea that Apple is the only innovative company out there.

I don't get why people think, "Don't be evil." means Google should be a pushover. With all the evidence we've seen from Oracle and the Samsung trials, it's clear that Google does not support copying. And it does try hard to work with other companies. And it does not sue when that doesn't happen. Apple on the other hand, does. Heck, Apple will sue its own suppliers (like Samsung). And now they are going after core functions in Android (like local search). Does anyone really expect Google to just turn around and bend over?

For Apple, litigation is a core business strategy. And they aren't just going after Touchwiz. They are going after core functionality (like Local Search for example). You want Google to just invalidate patents. Do you understand how many years and billions that would take? And how unsuccessful it would be? Apple won't stop with the lawsuits. It's a core business strategy that works for them. It keeps the competition tied up. Makes the competition hesistant about innovating (lest they violate an Apple patent inadvertently). And in the worst case scenario it gets them licensing revenue. Why would they stop? And as long as Apple gets ridiculous patents like the slide-to-unlock patent and get to argue that a click is a zero-length slide, they won't stop their patent offensive. Trying to invalidate nonsensical patents like these is a weak legal strategy that won't compel Apple to settle at all. But if this suit works, Google can force Apple to cross-license and not sue Motorola or the core Android.

Asking Google to adhere to "Don't be evil." when Android is faced with an existential threat is akin to saying Neville Chamberlain had the best approach to dealing with Hitler. If we get them Poland, everything will be alright..... Bullies don't stop. They perceive compromise as weakness.

Talk about fair play.

Apple has been starting lawsuits against Google and it's partners for months. And granted the majority of these patent lawsuits made sense, Apple deserves to get a taste of their own medicine.

All I know is this:

It's 8:12am and I've read this article and all the posts invovled and starting to get a headache and the only antidote is:

MORE COWBELL!!!!!!

Unfortunately, you can't realistically expect apple to change their tactics unless google forces their hand.

Several of apple's patents are unlikely to be invalidated (having already been tested in court), and it only takes one bullet to kill. (This is to say nothing of how lengthy and ludicrous an invalidation process can be.) So sitting back and taking the high road is out of the question.

Sure, we may not like the collateral damage, but expecting a long-term solution to come about without real leverage is out of the question. Only by causing desperation can we hope to see a patent pool or an android cross-licensing agreement.

Finally, should the iPhone actually get banned or close to being banned, it might finally stir up public interest for patent reform. The sheeple would finally get a taste of just how broken the system is, rather than blindly going on about "inventions" and "stealing". I doubt it would actually get that far, though.

@Jerry
After reading your excellent article, Im left with two opposing scenes in my mind:

1. The Big Dog, after suffering slings and arrows and sitting by mildly, finally has enough and rises to fight back

and

2. The Big Dog above, enters the mud pond where everyone else has been fighting the enemy, and sinks to a low point, becoming like its enemy.

Not sure whether to cheer on or cry for Google now.....

[on a side note: Great to see you get copied over at BGR and moving up in the Tech Journalism world. Kevin and Phil should be proud of you.]

Jerry while I completely understand where you are coming from, and to some extent agree, whats clear at least as we stand here today is what Google, Samsung, HTC and Motorola were doing to this point wasn't working as Apple continues to file actions and lawsuit after lawsuit.

While I believe the blocking of the imports of these products is wrong - any decision as to damages should be monetary and not go to the extent of keeping the devices from being sold in the first place, this thought comes to mind...

Apple has pledge "thermonuclear war" on Android - what's the deterrent for that? In the real world the only deterrent is an equally potent offensive capability. With the filing of these actions - Google now has Apple's attention, and maybe will start to get the attention of lawmakers as well.

For all of our sake's lets hope detente is not far behind?

I've always liked Jerry's articles but this one was poorly done. Sorry, I have to be honest here. I wish companies would play nice and compete the right way. But this is not a fantasy world we live in. This is the real world. You have to be on top of the food chain. Google sees this. Apple will not stop. So Google have to do whatever it takes to defend themselves. I support them no matter what. I guess that makes me "evil" too.

I would view it as so. Lets say you're the pacifist of your neighborhood, yet you can take down anyone if you wanted to. Is it "evil" to stand up to a bully that has been terrorizing your neighborhood and put a stop to their abusive ways? I would say no. Apple is going around and trying to ensure that only their products are allowed to be sold. They bring highly dubious claims of patents on technologies they did not invent or even really make better. They have targeted Android itself, not just Android partners. When the bully starts walking up your driveway it is not "evil" to punch them in the face!

If it's good for the goose, it's good for the gander. I've been waiting for this. Apple has been scared to go after Google itself. Suing Companies like Samsung and HTC rather than going after Android directly, which has always been its goal. Remember Jobs and his Thermonuclear statements?

The current patent system is horrible broken. I think Apple needs to be taken to task for how they have decided to "compete" with Android and This new suit is a step in the right direction.

This isn't about the what's good for the goose is good for the gander or an eye for an eye analogies. It is about protecting one's innovation. Apple is doing it now for god sakes against any and all manufacturers that produce android devices!

See, Apple is attacking android as a whole. It is going after the manufacturers one by one (now it's Samsung) to make them pay for royalties on patents or get them banned out right until they comply. Before it was HTC and Motorola getting the beating. Every time Google comes out with something new for android, Apple will be right there to start over with patent infringements againt the manufacturers. Why? Because they are an easier target than Google because they don't see Google as an actual threat.

Apple is targeting the Players (Sammy, HTC, moto, etc.) because they are the ones selling the most product, not google. Google's own products aren't cutting into apples market share like the players are so they aren't a threat. But if apple continues to win, even if it's briefly, costs the players massive amounts of money and that is what apple wants. If they can't get paid for rights, they will get paid "back" by making the players suffer in small bans and legal costs. Google now realizes this and wants it to stop because no matter what, it eats into google's bottom line.

This is apparently something Jerry H. and others have not thought about.

Well I'm late to the comment party with very little to say that hasn't been said so...

Pass the popcorn Myrtle & turn up the sound. This is going to be good!

ok, this is how i see it. I see your point and it makes sense. But why is it always that way? Apple has done whatever they want suing google, and partners, and nobody really made a huge deal. They just saw it as "Yeah, is true, they are breaking that patent". But now that Google wants to do something to defend themselves google is categorize as "Evil". Apple does need a taste of its own medicine. And you are right about the people saving for those devices, but what about the people who wants to buy the devices that Apple is trying to get banned? But that is not a problem right? Its apple doing it, so its ok. Google, you should just go through with this, you gave them a chance to work on a license, at least you've done that, and they didn't want to settle, then go for whats yours. Is time for you to show them who is actually the boss.

In all fairness, I honestly think Google is doing the right thing by trying to make Apple shut the hell up about all this. Apple is the one that has awaken the sleeping giant that is Google. Apple has dished enough bullying out, now it's there turn to take some hits. Apple filed for multiple ITC bans on not just Samsung products but also HTC. It's about time Google stepped out and did something. I fully support their decision to take Apple on and try to ban their products because thats what they did to other OEM's.

I honestly think that the mobile tech space needs to take a look at the Automobile space. Look how those manufacturers sometimes even work together to build a car. You don't see Toyota suing Honda or BMW suing Mercedes do you? Heck no. Apple is the one that needs to take notes, they started the whole thing, it's time for Google to finish it

*sigh* this is really getting old. All these companies need to sit down at a table and work out cross-licensing and be done with it. STOP MAKING THE LAWYERS RICH!

Apple has done this again and again. Google was not directly involved as yes they were android products, but they were other companies. HTC is now is serious trouble, and facing MORE lawsuits from Apple. While google doesn't make the products that use android (well now they do with Moto) they certainly need to stand by the companies that do. Since Apple has NO intentions of playing nice with a competitor, (they even stated they will not stop till Android is destroyed) sometimes you have to fight fire with fire. Google took the high road for a long time. Maybe if they win this, they can put serious pressure on the legal avenues to change the system. I hope they DO win this, and maybe it will put pressure on Apple to change their approach. I don't think Google really wants an import ban, but if they get one, well, apple has all their eggs in one basket, and it can really force them to change.

It isn't evil to enforce patents someone is jacking, allegedly. Saying "Google goes after Apple" is sensationalism and pure conjecture.

Google said, as you noted, Motorola would be a separate entity. How can you, as a professional journalist, make such a huge leap to say Google is behind it? Get a source, quote, etc then the headline makes sense.

I expect better from AC.

"I'll be here thinking of the people who might be saving to buy an iPad, only to (potentially) have the opportunity taken away."

Well what about the people who wanted to buy a Galaxy Nexus but could't for almost a month because Apple said the search bar infringed on their patents? They had to wait almost a month because of something so childish! Oh and what about the people who preordered the One X and the LTE Evo and had to wait what seemed forever and a day for their phones to arrive due to Apple filing a complaint with the ITC that ended up being over ruled.

I don't have a problem with Google finally suing back. And over on iMore with Rene Ritchie's article on this topic, this is only just now happening due to Apple blocking the import of Google's main phone. Not just a Droid Razr or HTC Evo 4G LTE, but the Galaxy Nexus. The phone that Google has backed and sells from its own website. Apple went too far with that blow, and now Google is retaliating. If Apple can ban Google's main device, then Google has just as much right to ban Apple's main device(s). Before, Google had no way to attack Apple since it wasn't a hardware company, but now that the acquisition of Motorola Mobility is complete, Google can finally use them to sue Apple. This isn't justice, it is just business, and business has to take the low road sometimes to succeed in the long run. Nobody likes it, but it has to be done in order for it to survive. Or else there will be no more Android for us Android Central subscribers to brag and/or complain about.

And for all of the comments on here of people defending Google saying why Google is finally doing this, please shut up. Nobody knows why Google is doing this. Google could be doing this just to get Apple to stop with their lawsuits. Or Google could be doing this to end all Apple sales in the U.S for good. We don't know what reasons Google has for doing this or what they want to come of this. Stop defending a company that is finally taking the low road. A business is a business. Not some old friend that needs defending from its supporters.

I was starting to totally agree with you till the last paragraph.

See you said:

"And for all of the comments on here of people defending Google saying why Google is finally doing this, please shut up."

Your whole first paragraph did just that. Explained why Google is finally doing this and for what reasons:

"this is only just now happening due to Apple blocking the import of Google's main phone. Not just a Droid Razr or HTC Evo 4G LTE, but the Galaxy Nexus. The phone that Google has backed and sells from its own website. Apple went too far with that blow, and now Google is retaliating. If Apple can ban Google's main device, then Google has just as much right to ban Apple's main device(s)."

I have now called you out for telling us (and me for that matter)to shut up because "we" don't know why google is doing this, but yet you did. Please explain kind sir.

Let me clarify what I did not do, and for that I sincerely apologize. The first paragraph was my thoughts about why Google is just now suing, instead of doing it a long time ago. But to what END that Google wants, is anybody's guess. Google could want to destroy Apple and be done with it, OR Google could want to stop Apple from continuing on suing and to have a decent rivalry, OR Google could be doing it for revenge and just being a dick about it. But for now, we do not know the ends to which Google wants. We just know what has finally caused the beginning. SO for all of you that think of Google being high and mighty and doing this to stop Apple from suing anymore, please shut up. As Jerry and Rene have said before, we should not be defending these companies.

Spoken just like all the rest of the Apple fanboys who are 40+ pudgy white guys who will watch John Carter for the 50th time tonight. Not that I have anything against 40+ pudgy white Apple fanboys. Most my friends can be described as such. And they all have their 50 shares of Apple stock that drives some of their cheering. I do have to say it is pretty lame describing poor hungry widows and orphans who won't be able to buy an iPad if the ban goes into effect. I'm pretty sure most of the fanboys could easily go without a meal or ten and be okay. LOL.

The legal system is a maze of nonsense. Your hands are tied and your options are limited.

I think this is the case with Google. Their options are limited. By doing this, they are showing that they have the ability to fight back. They will want to settle out of court. They will not be taken seriously without flexing for the opposition.

Think about this. All Capone was well known for everything he did and the crimes he was behind. The cops knew it, the legal system knew and the rest of the country knew it. He was able to use the problems with the legal system to keep himself clean. Does anyone remember what he was arrested for? Tax evasion. He kept meticulous records in his own hand writing and that's how he was taken off the street. It took one IRS lawyer thinking outside of the box that ended that rein of crime.

Is Google doing anything different?

Yes, they could dissolve the patent, but it has been mentioned that it is a long process. What would apple do during that time? I think they would raise their own lawsuit attacks to distract and bankrupt Google. I don't agree they should be doing being doing the same thing, but I feel they have to something drastic to get everyone's attention.

And we should share our opinions, not attack others for sharing theirs. Jerry can write what he wants. If he didn't, I'm sure more people would be upset and complaining about he's a tool for the company. He shouldn't have to defend his opinion to people who choose to use a free website.

would be VERY timely if google was all of hte sudden granted the patent for notification pull down!!! lol that would be the cherry on top.

Jerry, usually, i am 100% in agreement with you, however, this time i just cant. its been said again and again, but you cant just lay down and take it when a bully is being a bully... someone has to stand up to them and pu t an end to it. thats just the way it is. Nice guys finish last isnt just a song from green day lol.... this is business and they need to defend themselves. Sometimes the best defense is a good offense.

I would like to think that a person or a company could always take the high road and succeed and prosper. But my time in the public school system quickly taught me that, that doesn't work. Those who tread on you don't stop when you turn the other cheek or try to ignore them. At some point to stop the cycle you have to stand up for yourself or others and punch the bully in the jaw and lay them out.

I see this as Google doing exactly that. It's time for Google to stand up and say enough. Yes they don't want to be evil, but they also have a business to run and all this litigation is getting in the way of innovation. Hopefully this stops at making a deal with Apple and doesn't become Google trying to stomp out Apple. I'm not a fan of Apple but competition is good for the industry; I don't want one super power. Instead I want 2 or more healthy prosperous companies innovating and inspiring each other to make better technology for me to enjoy.

The system is broken. Apple's tactics have revealed the breaks in the system, and they've utilized those breaks to every advantage.

Now that those breaks are apparent, and one side in the Android / iOS has made it clear that they're willing to take every advantage of them, what is Google to do? Are they supposed to just stand aside and take the high road? How can they possibly afford to do so? Do you really think that Android is best served by Google refusing to engage?

There's little hope that government will resolve the issue - congress has proven itself to be utterly impotent. All Google can do is fight back, and the best outcome for all of us is a detante where both sides realize that there's no advantage to be had by continuing to hack away at each other.

Would you call Batman evil because he's willing to use force against the likes of the Joker and Two-Face, but isn't a licensed law man?

Sometimes, you got to go vigilante on the bad guy. Remember, the power is ours. We just give it the government to avoid anarchy.

Something tells me the Motorola patents are not base on the shape and color of their products. I'm all for the defense of legitimate patents.

Excellent point, chrjohns. I'm curious to see what these patents are, and I suspect you're right.

To the Author- So what you're saying is, when a bully is running around beating on all the kids on the playgroud because he has a big stick (a bunch of invalid/prior art patents that he shouldn't have anyway), we shouldn't cheer when someone with an even bigger stick (some real patents from the actual innovators) comes in and gives him a taste of his own medicine? Why should we not cheer? Apple as a company deserves this, and I will absolutely jump for joy if they get their products banned even for a DAY. I don't care who is saving up for a macbook or a ipod or a ipad or a iphone- They shouldn't be funneling money to absolute Tyrants in the technical industry. Would you buy a blood diamond, sir, if you Knew it was a blood diamond?