See Google General Counsel Says Patents Are ‘Gumming Up’ Smartphone Innovation; the problem is he focuses on “software patents” as if they are some special problem. They are not. And I doubt that all the patents that threaten Android are just software patents. Undoubtedly some are just normal hardware or method patents too. The problem is not that some patents are gumming up the works. The problem is all patents per se are anticompetitive and trample on property rights.