Android Software - Intellectual Property Issues

Intellectual Property Issues

Further information: Oracle v. Google, Smartphone wars, and Patent troll

Both Android and Android phone manufacturers have been involved in numerous patent lawsuits. On August 12, 2010, Oracle sued Google over claimed infringement of copyrights and patents related to the Java programming language. Oracle originally sought damages up to $6.1 billion, but this valuation was rejected by a United States federal judge who asked Oracle to revise the estimate. In response, Google submitted multiple lines of defense, counterclaiming that Android did not infringe on Oracle's patents or copyright, that Oracle's patents were invalid, and several other defenses. They said that Android is based on Apache Harmony, a clean room implementation of the Java class libraries, and an independently developed virtual machine called Dalvik. In May 2012, the jury in this case found that Google did not infringe on Oracle's patents, and the trial judge ruled that the structure of the Java APIs used by Google was not copyrightable.

In addition to lawsuits against Google directly, various proxy wars have been waged against Android indirectly by targeting manufacturers of Android devices, with the effect of discouraging manufacturers from adopting the platform by increasing the costs of bringing an Android device to market. Both Apple and Microsoft have sued several manufacturers for patent infringement, with Apple's ongoing legal action against Samsung being a particularly high-profile case. In October 2011, Microsoft said they had signed patent license agreements with ten Android device manufacturers, whose products account for 55% of the worldwide revenue for Android devices. These include Samsung and HTC. Samsung's patent settlement with Microsoft includes an agreement that Samsung will allocate more resources to developing and marketing phones running Microsoft's Windows Phone operating system.

Google has publicly expressed its frustration for the current patent landscape in the United States, accusing Apple, Oracle and Microsoft of trying to take down Android through patent litigation, rather than innovating and competing with better products and services. In 2011–12, Google purchased Motorola Mobility for US$12.5 billion, which was viewed in part as a defensive measure to protect Android, since Motorola Mobility held more than 17,000 patents. In December 2011, Google bought over a thousand patents from IBM.

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