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Will Microsoft try to outbid Google for Nortel's patents?

By | April 4, 2011, 10:03am PDT

In all the stories speculating about who may bid for Nortel’s war chest of more than 4,000 6,000 plus telecommunications-related patents, there’s one name noticeably absent: Microsoft.

Google officials confirmed on April 4 that Google would join the ranks of others bidding for the patents that Nortel is putting up for bid as part of its bankruptcy process. In fact, according to a Google blog post, entitled “Patents and Innovation,” Google has made the $900 million “stalking horse,” or opening, bid, around which others will bid prior to the auction of the patents.

(The back story: Nortel filed for bankruptcy protection in January 2009. There have been previous reports, dating back to the end of 2010, that Apple, and Nokia also are among the bidders for the contents of Nortel’s patent coffers. RIM is supposedly interested, too.)

The Nortel patents allegedly up for auction are said to cover wireless handsets and infrastructure, as well as optical and data networking, Internet, Internet advertising, voice and personal computers.

Sounds like the kinds of technologies Microsoft might be keen on, as well. So, what about Microsoft? I asked today if the Softies were throwing their hat into the patent-bidding ring, but only receieved back a no comment.

As we know, most recently from the Novell/Attachmate patent deal, Microsoft is big on buying up patents, even if it has to arrange a secret coalition to do so. The Redmondians have used its patent stash to convince numerous companies to sign intellectual property (IP) licensing deals to head off potential patent lawsuits. In cases where companies refused to sign, Microsoft has sued for alleged patent infringement.

It wasn’t all that long ago (2007) that Microsoft and Nortel cemented a wide-ranging strategic partnership. Via that much-trumpeted alliance, the pair committed to take on Cisco by integrating and cross-selling their communications wares — and, more interestingly — by jointly licensing each other’s IP.

Update: A Microsoft spokesperson sent me the following statement: ““Microsoft has a worldwide, perpetual, royalty-free license to all of Nortel’s patents that covers all Microsoft products and services, resulting from the patent cross-license signed with Nortel in 2006.”

Yep. ALL. The Microsoft spokesperson said it’s not a subset of the patents in question.

(Hmm. I wonder what happens to that agreement once one or more companies buy those patents. I’m asking Microsoft to see if I can get further comment.

Update 2: This is interesting. From the same spokesperson: “Microsoft’s licensed rights to the patents continue, even when ownership of the patents change hands.”

If Nokia ends up bidding on and winning some of those Nortel patents, perhaps partner Microsoft will benefit, to some degree, given the pair’s own recent partnership. But now that Google’s made it clear that it wants those patents, I wouldn’t be surprised to see the Softies’ interest rise exponentially…. Or not, if they feel they already own IP rights on the patents in which they’re most interested….

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Mary Jo has covered the tech industry for more than 25 years for a variety of publications and Web sites, and is a frequent guest on radio, TV and podcasts, speaking about all things Microsoft-related. She is the author of Microsoft 2.0: How Microsoft plans to stay relevant in the post-Gates era (John Wiley & Sons, 2008).

Disclosure

Mary-Jo Foley

Freelance journalist/blogger Mary Jo Foley has nothing to disclose. WYSIWYG (what you see is what you get). I do not own Microsoft stock or stock in any of its partners or competitors. I have no business ventures that are sponsored by/funded by Microsoft or any of its partners or competitors.

Biography

Mary-Jo Foley

Mary Jo Foley has covered the tech industry for 25 years for a variety of publications, including ZDNet, eWeek and Baseline. She has kept close tabs on Microsoft strategy, products and technologies for the past 10 years. In the late 1990s, she penned the award-winning "At The Evil Empire" column for ZDNet, and more recently the Microsoft Watch blog for Ziff Davis.

Got a tip? Send her an email with your rants, rumors, tips and tattles. Confidentiality guaranteed.

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RE: Will Microsoft try to outbid Google for Nortel's patents?
dfwekrdfe4401-24353680881665828107376873441262 10th Nov
wihbpi,good post!
again; just reiterates MSes lack of mobile urgency. why don't they just forfit? this is beyond aggravating.
@bc3tech
I would rather them take their time and come up with something more appealing than the Ipad (which has potential) and bad Android tablets that gets over hyped because of the high specs but terrible software. Just be patient.
0 Votes
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@bc3tech
Why does it aggravate you ? Do you cheer for MS like a football team, political party or religion.

Life is short - no need to be tribal.
Plenty of other great companies that will choose to innovate.
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Already have a WhammerBammer
Robert Hahn 4th Apr 2011
Patents have become like magic weapons in some real-world first-person shooter. Once you have a hammer that flies at the speed of light and a gun that shoots lightning bolts, you can pretty much ward off all threats by promising to countersue anybody who sues you.

Microsoft already has a bunch of weapons. They may want more, but they probably don't need them.

Google needs them.
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On defense of Google
epitax 4th Apr 2011
I have a lot more confidence in Google than in Microsoft. If Microsoft buys the patents, they will use them as a hammer on Linux. Their message? "Use our software and nobody gets hurt."

Google? They have already stated quite plainly that they will use them defensively. They understand that when a patent owner or inventor sues for patent infringement, they are indicating that they failed to execute and would like a share of the proceeds from someone who *did* execute and did it well.

It won't surprise me to see some "stealth" front organization for Microsoft bidding on those patents. Microsoft seems to know more about marketing than execution these days.
@epitax

Confidence in Google? That is a joke. Google makes all their money from advertising. And, they target their advertising based on the database they have built on all their users. The only reason they built apps like Android and Chrome was to expand their ability to spy on their users. These patents just give them some bargaining chips in the battle to propagate their spyware.

You think Google is safe. Just look at all the fuss that is happening because Epsilon's email servers were hacked. Google has far more personal information on far more people around the world than any other company. Just wait until they get hacked, or more likely, some employee decides to sell some information for a few million dollars.

As for Microsoft and Apple, they have different business models to make money, and both make plenty. Their existence does not depend on spying on their customers.
@jorjitop When it comes to open standards and patents, I trust Google far more than Microsoft or Apple.
@epitax
These are telecommunications, cellular and networking patents. What has that got to do with Linux?
@dazzlingd Whether these patents have anything to do with Linux or not, Microsoft will make them into a marketing ploy to get carriers to avoid using Android running on Linux. The basic philosophy of Microsoft is "Just use our software and nobody gets hurt."
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Message has been deleted.
Linux Geek Updated - 6th Apr 2011
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MS is not BROKE!!!
Viper589 4th Apr 2011
@Linux Geek

they have 30 billion in cash....
0 Votes
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huh?
Linux Geek 5th Apr 2011
@Knix96
maybe in Nigerian currency.
M$ had to borrow money even for a few million dollar aquisitions.
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How is M$ broke?
Michael Alan Goff 4th Apr 2011
They make much more money than Google.
@Linux Geek
Again why are you guys even answering this guy/girl
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@FlatbushE21
as sad as that is.
So they dont need to bid for them. They would only need to out bid google if they didn't have them already or other patents covering other means to the same ends...
@Johnny Vegas
I think you are totally right.
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Google free to use MS patents?
Solid Water 5th Apr 2011
@Johnny Vegas
I am with you.

But then the question is - since it was a cross-licensing deal does that mean that Google will be also free to use Microsoft patents?
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Most likey they will not be allowed
Mister Spock 5th Apr 2011
@Solid Water
as these deals are written in a way that does not allow it, with agreements in place to stop just that

In this way company "A" can not increase the value of their patent by including a licensing agreement from company "B".

It also stops "A" from doing what you call "an end run" around giving "B's" patent to company "C" as "B" may not want "C" to have it.

On the other hand many agreements are written where company "B" can continue to use to use "A's" patent even after the sale to "C", as in would not make finacial or business sense to sign the agreement without those safegaurds in place, otherwise thei investment in "A's" patents could be wiped away the following month should "A" sell those patents.
plain
0 Votes
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what about the flip side?
mistahman 4th Apr 2011
Does this mean that whoever purchases the patent rights also gets the licensing for the MS patents that nortel previously enjoyed? Is there any info on how extensive the microsoft patents were that nortel gained access to?
@mistahman

Not really. Unless somebody actually goes and buy Nortel, the company. Here, we are just talking about the patents in question only.
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Message has been deleted.
james347 Updated - 6th Apr 2011
0 Votes
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Like they did your brain?
Will Farrell 5th Apr 2011
@james347
You're a glutten for punishment. You clearly have self abuse issues otherwise you wouldn't post here

Is that a fetish of some sort?!
0 Votes
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If not against the Beast itself.
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RE: Will Microsoft try to outbid Google for Nortel's patents?
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RE: Will Microsoft try to outbid Google for Nortel's patents?
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0 Votes
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RE: Will Microsoft try to outbid Google for Nortel's patents?
dfwekrdfe4401-24353680881665828107376873441262 10th Nov
wihbpi,good post!

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