That's not using intuition. That's using an opinion poll and ignores the length of time it takes to apply for and be granted a patent.
When the author goes on to point out that Google has 700 patents and Microsoft has 18,000, this would seem to be circumstantial evidence that Google's innovations are more likely to be based on the work of others than original research - particularly given the interest which companies have to file patents defensively.
This is not to say that Microsoft's claims are valid (regardless of the obvious fact that the past actions of Armonk have no bearing on their validity) or that software patents are a good thing.