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Apple Buys 200+ Patents from Freescale Semiconductor

Apple Inc. recently recorded the receipt of 200 patents and pending patent applications from the electronics company Freescale Semiconductor, Inc. Although not recorded until May 18, 2011, the assignment is dated April 11, 2011.

Patent Law Blog Dennis Crouch

Context & Ripple Effects

This is the second time Apple has gone shopping for another company's IP rather than waiting on its own pipeline — it bought the iPad trademark from Fujitsu back in March 2010, and just two weeks before this filing it landed granted patents covering the iOS virtual keyboard and Cover Flow. The Freescale deal follows the same playbook: an assignment dated April 11, 2011 that only surfaced when recorded with the USPTO on May 18.

The seller matters as much as the buyer. Freescale claimed in March 2010 that its silicon powered roughly 90 percent of e-book readers and that its new reader chip would push devices below $150 — so whatever sits inside those 200 granted and pending applications comes out of a supplier embedded deep in portable-device electronics.

First-order effects

  • Apple adds 200+ granted patents and pending applications to its mobile portfolio overnight, giving it both issued claims it can assert and applications whose scope it still gets to shape through prosecution.
  • Freescale converts dormant IP into cash without changing any product roadmap — a clean balance-sheet transaction for a semiconductor supplier.

Second-order effects

  • Rivals building phones and tablets against iOS now face a thicker thicket of Apple-held claims, raising the cost of freedom-to-operate analysis and cross-license negotiations.
  • Other device makers are pushed toward the same behavior — buying portfolios outright becomes a visible alternative to organic R&D output, which runs at the pace of examiners rather than dealmakers.

Third-order effects

  • If large OEMs keep acquiring portfolios this way, patent aggregation hardens into a standing cost of competing in consumer electronics, where defensive depth is procured like any other component.
  • Pending applications bundled into deals blur how much of a buyer's future position was invented versus purchased — an accounting question regulators and litigants will increasingly have to answer.

The trend: Mobile-computing leaders are assembling patent depth through acquisition as much as invention, treating third-party portfolios as strategic inventory in an escalating litigation environment.