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

iphone 17 models

No iPhone 18 Launch This Year, Reports Suggest

Thursday January 1, 2026 8:43 am PST by
Apple is not expected to release a standard iPhone 18 model this year, according to a growing number of reports that suggest the company is planning a significant change to its long-standing annual iPhone launch cycle. Despite the immense success of the iPhone 17 in 2025, the iPhone 18 is not expected to arrive until the spring of 2027, leaving the iPhone 17 in the lineup as the latest...
duolingo ad live activity

Duolingo Used iPhone's Dynamic Island to Display Ads, Violating Apple Design Guidelines

Friday January 2, 2026 1:36 pm PST by
Language learning app Duolingo has apparently been using the iPhone's Live Activity feature to display ads on the Lock Screen and the Dynamic Island, which violates Apple's design guidelines. According to multiple reports on Reddit, the Duolingo app has been displaying an ad for a "Super offer," which is Duolingo's paid subscription option. Apple's guidelines for Live Activity state that...
Low Cost A18 Pro MacBook Feature Pink

Apple's 2026 Low-Cost A18 Pro MacBook: What We Know So Far

Friday January 2, 2026 4:33 pm PST by
Apple is planning to release a low-cost MacBook in 2026, which will apparently compete with more affordable Chromebooks and Windows PCs. Apple's most affordable Mac right now is the $999 MacBook Air, and the upcoming low-cost MacBook is expected to be cheaper. Here's what we know about the low-cost MacBook so far. Size Rumors suggest the low-cost MacBook will have a display that's around 13 ...
govee floor lamp

CES 2026: Govee Announces New Matter-Connected Ceiling and Floor Lights

Sunday January 4, 2026 5:00 am PST by
Govee today introduced three new HomeKit-compatible lighting products, including the Govee Floor Lamp 3, the Govee Ceiling Light Ultra, and the Govee Sky Ceiling Light. The Govee Floor Lamp 3 is the successor to the Floor Lamp 2, and it offers Matter integration with the option to connect to HomeKit. The Floor Lamp 3 offers an upgraded LuminBlend+ lighting system that can reproduce 281...
Belkin 25W Battery magnetic

CES 2026: Belkin Announces Magnetic Ring Power Bank, Modular Dock, and More

Sunday January 4, 2026 3:02 pm PST by
Belkin today announced a range of new charging and connectivity accessories at CES 2026, expanding its portfolio of products aimed at Apple device users. UltraCharge Pro Power Bank 10K with Magnetic Ring The lineup includes new Qi2 and Qi2.2 wireless chargers, magnetic power banks, a high-capacity laptop battery, and USB-C productivity accessories, with an emphasis on higher charging...
airpods pro 3 glitter

AirPods New Year's Deals Include Up to $99 Off AirPods Max, AirPods Pro 3, and AirPods 4

Sunday January 4, 2026 8:04 am PST by
Now that the calendar has flipped over into January, steep discounts on popular Apple products have become more rare after the holidays. However, if you didn't get a new pair of AirPods recently and are looking for a model on sale, Amazon does have a few solid second-best prices this week. Note: MacRumors is an affiliate partner with some of these vendors. When you click a link and make a...
Low Cost MacBook Feature A18 Pro

Low-Price 12.9-Inch MacBook With A18 Pro Chip Reportedly Launching Early This Year

Friday January 2, 2026 9:08 am PST by
Apple plans to introduce a 12.9-inch MacBook in spring 2026, according to TrendForce. In a press release this week, the Taiwanese research firm said this MacBook will be aimed at the entry-level to mid-range market, with "competitive pricing." TrendForce did not share any further details about this MacBook, but the information that it shared lines up with several rumors about a more...
Clicks Communicator Feature

'Clicks Communicator' Unveiled — Will You Carry This With Your iPhone?

Friday January 2, 2026 6:35 am PST by
The company behind the BlackBerry-like Clicks Keyboard accessory for the iPhone today unveiled a new Android 16 smartphone called the Clicks Communicator. The purpose-built device is designed to be used as a second phone alongside your iPhone, with the intended focus being communication over content consumption. It runs a custom Android launcher that offers a curated selection of messaging...

Top Rated Comments

Bonfire22 Avatar
176 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
176 months ago
Is Google suggesting they, and others, can't compete without infringing or using Apples patents?
Score: 92 Votes (Like | Disagree)
Kaibelf Avatar
176 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
176 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
176 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
176 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)