Excerpt from an Apple IP snapshot by Dan Lyons
“They’re losing momentum. They’re at the point where the walls start to crumble a little bit,” says Kevin Rivette, a patent attorney and managing partner at 3LP Advisors, a consulting firm that specializes in intellectual property. Apple, he says, should be “looking long and hard at how to cut deals.”
Apple’s strong market position means it could still demand favorable terms from Android players—especially after a robust fourth quarter in which iPhone sales blossomed while Android sales wilted. The company could license its patents and collect royalties on every Android handset sold, as Microsoft has done with top Android phone makers. “The problem is, what happens when you start losing in court? It gets a lot harder to do licensing deals,” Rivette says.