Balanced Counter-Assertion: Implications Regarding Patent Rivalry in Wireless Communications

Abstract

An overview of the patent assertion dynamics within the wireless communications market is presented. A model is then constructed to show the nuances of balanced counter-assertion and the forces driving operating company adversaries toward balanced assertion impact in order to minimize patent suit settlement values and negotiated settlement values. Some exploration of unbalanced patent assertion dynamics between adversaries is presented. An indicator function, called the Xi function, is developed to describe the degree of deviation from counter-assertion balance for operating company adversaries involved in patent litigation. A new construct called Ratio Space is employed to allow for the depiction of the Xi function and modeled counter-assertions in 3-space. Example tables and calculations based on patent litigation between Nokia and Apple are presented.

Keywords: patent, litigation, assertion, counter-assertion, balance, settlement, damages, mobile, wireless, telecomunications