Last night, Microsoft came back, crushing Google's argument with one email.
Frank Shaw, Microsoft Head of Communications, posted one email from Google SVP Kent Walker that proves that Microsoft asked Google upfront to be a purchasing partner on the Novell patents, and that Google declined:
Brad [Smith, Microsoft General Counsel]
Sorry for the delay in getting back to you — I came down with a 24-hour bug on the way back from San Antonio. After talking with people here, it sounds as though for various reasons a joint bid wouldn’t be advisable for us on this one. But I appreciate your flagging it, and we’re open to discussing other similar opportunities in the future.
I hope the rest of your travels go well, and I look forward to seeing you again soon.
– Kent
Oracle, Apple, RIM and others may not have an argument to counter Google's, but Microsoft sure did.