Mobile patent litigation: A game with too many playing cards

When hardly a day goes by without a story that a new lawsuit has been filed claiming mobile patent infringement, you know the system is seriously broken.

At the core of the problem is the simple fact that too many patents have been granted over the years, making it impossible for patent holders to defend innovation. Patent cases are now filed willy-nilly, and often with no intention of protecting innovation. They are being used as playing cards in a high-stakes game where one company hopes to create a stalemate with another. You drop your suit because of these patents I hold, and I'll drop mine in deference to your patents. There are simply too many patents in the mobile space for any company to be protected from all others, so suits will continue to be thrown around. The suits are used as a tool to force companies to trade patent playing cards in the game. If a company successfully defends a patent or two in court against one foe, odds are new claims will be made that other patents are being infringed upon. With hundreds of thousands of patents in play, this game can be played forever. The winner will be who can afford to keep playing, not who is right. Make no mistake, this isn't about justice it’s about outlasting the other players.