The stable consumer price points and increasing sales volumes of the mobile device market are attracting competitors. Increasing competition has resulted in greater use of patent assertion by incumbents to protect markets and create new revenues streams. New market entrants and those trying to enter new markets, like Apple, HTC and Microsoft, have already faced patent challenges from established players like Nokia and Motorola. Many OEMs have also faced challenges from non-practicing entities looking for royalties. With counter-suit following lawsuit, the situation is already messy.
It is made even more volatile as product convergence (smart phones and tablets incorporating new functionality like imaging, GPS, etc.) creates unlimited licensing opportunities. Today, literally thousands of patents apply to various aspects of smartphones representing the convergence of a number of consumer electronics and semiconductor domains. It should be no surprise that patent holders are seeking compensation for use of their intellectual property in such a lucrative market.
In response, we are seeing more recent entrants into the smart phone arena, such as Apple and Microsoft, accelerating their patent filing rates and purchasing patent portfolios to strengthen their positions. In recent years HTC has joined patent pool RPX, struck a licensing deal with Intellectual Ventures (IV) and has actively acquired companies and patents to strengthen its defensive IP position. In fact, recent HTC litigation is based almost entirely around patents acquired in this way. As well, Chinese telecom equipment leaders Huawei and ZTE have joined Google, Apple, Motorola, RIM and Nokia in pursuit of Nortel’s attractive LTE patent portfolio in an attempt to ready themselves for the next wave of wireless technology. There is no doubt about it. The smart phone wars aren’t just about applications, processors and operating systems. The underlying IP is the new battleground.