Samsung and Sandisk Extend Patent Agreement

I've talked about in the past how big heavyweights in the semiconductor space are using their patents in innovative ways.  Well, earlier this week Samsung (both a patent and business heavyweight) and Sandisk (certainly a patent heavyweight and a flash memory heavyweight) signed an extension of their previous broad patent license agreement.  The extension runs to 2016 and continues the royalty payments from Samsung to Sandisk for Sandisks patents, albeit at a much lesser amount.  In addition, Samsung agrees to guarantee Sandisk access to its foundry.   The Wall Street Journal had estimated that Samsung was previously paying hundreds of millions of dollars a year to Sandisk under the old agreement.  Not a bad return on investment for a patent portfolio! 

This follows my general feeling that patent litigation between "real" companies may be waning.  Instead, chip companies in this tough economy are preferring to come to terms using creative business arrangements.  This may also signal a trend where there is more "bartering" of services instead of a straight license and royalty model popular in the past.  Companies want a win-win that makes sense and the Samsung/Sandisk deal may be one example of this.   

Qualcomm and Broadcom Settle Worldwide Patent Battle

Qualcomm and Broadcomm - two heavyweights in the wireless integrated circuit industry - have settled a battle that spanned three continents.  Qualcomm agreed to pay Broadcomm nearly $1 BILLION to end the disputes.   I would estimate that each side spent mid-eight figures on attorneys fees alone on the litigation which began in 2005. 

Someone could probably teach a class in high stakes worldwide patent litigation based upon all of the strategic moves, motions, forums, and pleadings related to this case.  If this case illustrates anything, it is that patents can be very very valuable assets for any semiconductor company. 

But why did they settle now?  A fresh perspective perhaps.   A change in leadership in the legal departments of both companies in the past 18 months certainly didn't hurt.   Sometimes a fresh perspective will do wonders for finally deciding to move on from years of litigation.  Hopefully, both companies can go back to doing what the do best - designing and making great wireless integrated circuits!