Patent Infringement Books

Monday, October 24, 2011

Mobile phone makers wage war to protect their patents

By:Leo Kelion
Source: http://www.bbc.co.uk



The patent system was created to spur on innovation. But over recent years it has sparked an arms war between some of the world's leading mobile phone companies.

The likes of Apple and Microsoft do not only sue their rivals to protect their own inventions, but go on to buy third party patents to build up their weapon stockpile.

What is more, they appear increasingly willing to litigate.

The number of handset patent infringement filings to the US courts grew from 24 cases in 2006, to 84 cases in 2010, according to Lex Machina, an intellectual property litigation data provider.

It expects that number to grow to 97 cases this year, reflecting more than a four-fold rise in the space of half a decade.

"Filings in this litigation space appeared to have hit a plateau this summer, but are now strongly back on the rise," says Lex Machina's chief executive, Josh Becker.

Accelerated innovation

Part of the problem is the speed at which the industry is evolving.

The US patent system offers inventors a limited monopoly on new ideas lasting twenty years from when they are filed. However, mobile phone users expect giant leaps in progress over a much shorter time span.

As the devices transform into music players, cameras, internet browsers and beyond, they involve an increasing amount of intellectual property.

There are now potentially more than 250,000 active patents relevant to a single smartphone, according to RPX, a San Francisco based patent aggregator and licensor.

"The devices we used 10 years ago to make voice calls have become hand-held computers incorporating a vast array of software and hardware, which increases the breadth of patent exposure," said RPX's chief executive, John Amster.

"And this problem increases with the capabilities of these devices to do new things.

The lawyers become involved when a company either doesn't want to share its advances, or wants to be paid a fee for their use. Some experts believe this is now becoming a default tactic.

Source: http://www.bbc.co.uk/news/business-15343549

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