Could smartphone lawsuits bring clarity to intellectual property disputes?

The war currently being waged over intellectual property rights in the smartphone space has produced a number of winners and losers – some companies have even won battles on one front, only to be rebuffed in others. Google, Apple and Samsung – all industry titans – may be on the front lines of this war, but the decisions made by the courts will ultimately trickle down to other companies.

In the view of Forbes contributor Tim Worstall, once all of these lawsuits have played out, patent law will become more defined, particularly in the technology sphere. Of course, patent law has been in existence since the ratification of the Constitution, and even 200 years of litigations have not dramatically altered patent procedures.

Bloomberg Businessweek points out that the recent lawsuits over smartphone patents are just the next in a long line of legal disputes. In 1853, four different entities owned patents on different parts of the standard sewing machine, which led to an abundance of lawsuits and royalty demands. The problem was solved through the creation of a patent pool – the first of its kind – but in order for smartphone companies to reach a similar solution, they'll first need to recognize their mutual interest.

And currently, some do not appear ready to do so.

"If we can't protect our intellectual property, then we won't spend millions creating products like the iPhone," one former Apple executive told the New York Times this week. "[Concepts] might seem obvious now, but that's only after we spent millions figuring it out. Other companies shouldn't be able to steal that without compensating us. That's why the patent system exists."

For companies that do not have the resources of the smartphone giants, preventative measures should be taken to ensure that their intellectual property rights are shielded from infringement. Phoenix business law attorneys, particularly those that have experience in the private sector, can help companies address copyright and trademark issues before they become too difficult to manage.

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