Google's Top Lawyer: Some Apple Inventions are Commercially Essential, Should Be Made Into Standards

NewImageApple CEO Tim Cook has said that he wants other companies to "invent their own stuff", and that Apple shouldn't be "inventor for the world".

Google General Counsel Kent Walker disagrees, and this month wrote a letter to the US Senate Judiciary Committee arguing that commercial inventions that impact "consumer welfare" should be just as important as technical patents.

All Things D's John Paczkowski interprets Walker's argument thusly:

In other words, Google’s view is that just as there are patents that are standard essential, there are also patents that are commercially essential — patents that cover features that are so popular as to have become ubiquitous. The latter are just as ripe for abuse as the former, and withholding them is just as harmful to consumers and the competitive marketplace. Viewed through that lens, multitouch technology or slide-to-unlock might be treated the same way as an industry standard patent on, say, a smartphone radio.

Apple strongly disagrees. Bruce Sewell, Apple's top lawyer, writes a rebuttal letter to the committee, saying in part, that simply because a "proprietary technology becomes quite popular does not transform it into a ‘standard’ subject to the same legal constraints as true standards."

In other words, simply because an Apple technology is extremely popular with consumers, doesn't mean Apple has to license that technology to competitors. Apple owns numerous patents regarding nearly all iOS technologies, a fact that Steve Jobs touted when he launched the first iPhone in 2007.

From Sewell's letter:

The capabilities of an iPhone are categorically different from a conventional phone, and result from Apple’s ability to bring its traditional innovation in computing to the mobile market. Using an iPhone to take photos, manage a home-finance spreadsheet, play video games, or run countless other applications has nothing to do with standardized protocols. Apple spent billions in research and development to create the iPhone, and third party software developers have spent billions more to develop applications that run on it.

Though Tim Cook has said that he hates lawsuits -- once calling them "a pain in the ass" -- he has said he will staunchly defend Apple's inventions from copycats.

Steve Jobs was quoted in his biography as threatening to "go thermonuclear" on Google for what he considered the theft of Apple's intellectual property regarding the Android operating system. He pledged to spend every penny Apple had in the bank, a war chest that has since grown to more than $100 billion, fighting a legal battle with the company.

All Things D has the full text of both letters, as well as a much deeper analysis of the legal aspects of the situation.

Popular Stories

iOS 26

iOS 26.4 and iOS 27 Features Revealed in New Leak

Friday December 12, 2025 10:56 am PST by
Macworld's Filipe Espósito today revealed a handful of features that Apple is allegedly planning for iOS 26.4, iOS 27, and even iOS 28. The report said the features are referenced within the code for a leaked internal build of iOS 26 that is not meant to be seen by the public. However, it appears that Espósito and/or his sources managed to gain access to it, providing us with a sneak peek...
iOS 26

iOS 26.2 Coming Soon With These 8 New Features on Your iPhone

Thursday December 11, 2025 8:49 am PST by
Apple seeded the second iOS 26.2 Release Candidate to developers earlier this week, meaning the update will be released to the general public very soon. Apple confirmed iOS 26.2 would be released in December, but it did not provide a specific date. We expect the update to be released by early next week. iOS 26.2 includes a handful of new features and changes on the iPhone, such as a new...
iOS 26

Apple Releases iOS 26.2 With Alarms for Reminders, Lock Screen Changes, Enhanced Safety Alerts and More

Friday December 12, 2025 10:10 am PST by
Apple today released iOS 26.2, the second major update to the iOS 26 operating system that came out in September, iOS 26.2 comes a little over a month after iOS 26.1 launched. ‌iOS 26‌.2 is compatible with the ‌iPhone‌ 11 series and later, as well as the second-generation ‌iPhone‌ SE. The new software can be downloaded on eligible iPhones over-the-air by going to Settings >...
AirPods Pro Firmware Feature

Apple Releases New Firmware for AirPods Pro 2 and AirPods Pro 3

Thursday December 11, 2025 11:28 am PST by
Apple today released new firmware designed for the AirPods Pro 3 and the prior-generation AirPods Pro 2. The AirPods Pro 3 firmware is 8B30, up from 8B25, while the AirPods Pro 2 firmware is 8B28, up from 8B21. There's no word on what's include in the updated firmware, but the AirPods Pro 2 and AirPods Pro 3 are getting expanded support for Live Translation in the European Union in iOS...
macOS Tahoe 26 Thumb

Apple Releases macOS Tahoe 26.2 With Edge Light

Friday December 12, 2025 10:08 am PST by
Apple today released macOS Tahoe 26.2, the second major update to the macOS Tahoe operating system that came out in September. macOS Tahoe 26.2 comes five weeks after Apple released macOS Tahoe 26.1. Mac users can download the macOS Tahoe update by using the Software Update section of System Settings. macOS Tahoe 26.2 includes Edge Light, a feature that illuminates your face with soft...
AirTag 2 Mock Feature

Apple AirTag 2: Four New Features Found in iOS 26 Code

Thursday December 11, 2025 10:31 am PST by
The AirTag 2 will include a handful of new features that will improve tracking capabilities, according to a new report from Macworld. The site says that it was able to access an internal build of iOS 26, which includes references to multiple unreleased products. Here's what's supposedly coming: An improved pairing process, though no details were provided. AirTag pairing is already...
ipados 26 1 slide over

Apple Releases iPadOS 26.2 With Multitasking Improvements

Friday December 12, 2025 10:09 am PST by
Apple today released iPadOS 26.2, the second major update to the iPadOS 26 operating system released in September. iPadOS 26.2 comes a month after iPadOS 26.1. The new software can be downloaded on eligible iPads over-the-air by going to Settings > General > Software Update. iPadOS 26.2 continues with the multitasking improvements that were added with iPadOS 26.1. You can now drag and...
bug security vulnerability issue fix larry

Update Now: iOS 26.2 Fixes 20+ Security Vulnerabilities

Friday December 12, 2025 11:11 am PST by
Apple today released iOS 26.2, iPadOS 26.2, and macOS 26.2, all of which introduce new features, bug fixes, and security improvements. Apple says that the updates address over 20 vulnerabilities, including two bugs that are known to have been actively exploited. There are a pair of WebKit vulnerabilities that could allow maliciously crafted web content to execute code or cause memory...

Top Rated Comments

Bonfire22 Avatar
175 months ago
Translation: we like your innovations and want to use them for free to compete with you.
Score: 136 Votes (Like | Disagree)
qCzar Avatar
175 months ago
Is Google suggesting they, and others, can't compete without infringing or using Apples patents?
Score: 92 Votes (Like | Disagree)
Kaibelf Avatar
175 months ago
Or, Google can invest the billions that Apple did on R&D instead of demanding to reap the benefits of all that work for free. I know they love to just take, take, take from everyone around them with impunity, but unless they cut a check to everyone who WORKED on all these inventions, they should shut up. Now.
Score: 88 Votes (Like | Disagree)
i.mac Avatar
175 months ago
Google is suggesting that if Apple is going to get BS patents that are essential they should be able to be licensed, instead of acting like the selfish child on the playground

Where are the negative votes? This is, for example, an obvious troll that should be voted negative.
Score: 66 Votes (Like | Disagree)
DavidLeblond Avatar
175 months ago
Apple didn't invent the smartphone. If these innovations were "essential" to smartphones, wouldn't others have thought of them before Apple did?
Score: 59 Votes (Like | Disagree)
i.mac Avatar
175 months ago
Google: I'm helpless, cannot inovate. Give me your billion dollar research for pennies. It is only fair to me... and the consumer of course...

Apple: up your nose with a rubber hose.
Score: 57 Votes (Like | Disagree)