• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

The millennial generation is split in 2: an older crowd with boomer-style comfort, a younger set going 'back to the early 1900s'

2

Trump pulls back after Iran crosses his red line as U.S. military breaks two-week streak of airstrikes amid talks for potential Hormuz deal

3

'The demographic dividend of the last 40 years is ending': J.P. Morgan says the world is running out of the two things that kept interest rates down

1

The millennial generation is split in 2: an older crowd with boomer-style comfort, a younger set going 'back to the early 1900s'

2

Trump pulls back after Iran crosses his red line as U.S. military breaks two-week streak of airstrikes amid talks for potential Hormuz deal

3

'The demographic dividend of the last 40 years is ending': J.P. Morgan says the world is running out of the two things that kept interest rates down

Apple is the patent trolls’ No. 1 target, with 171 suits since 2009

By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
Down Arrow Button Icon
By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
Down Arrow Button Icon
August 28, 2013, 9:02 AM ET
Add Fortune on Google for similar content.

Click to enlarge.

FORTUNE — Buying patents and suing companies for violating them is a large and growing business, and nobody has felt its impact more than Apple (AAPL).

Of all the companies sued over the past five years by so-called non practicing entities (NPEs) — a.k.a. “patent trolls” — Apple got hit the most: 171 patent lawsuits as of June, according to PatentFreedom, a community of companies that tracks the activity of 710 parent NPEs and their 2,500 subsidiaries and affiliates.

Among the fattest targets, Apple was followed by Hewlett-Packard (137 lawsuits), Samsung (133) and AT&T (127). (See list below.)

The targets of these lawsuits tend to view patent trolls as technological parasites. NPEs, by definition, don’t actually manufacture anything. Instead, they either develop a process and patent it, or they buy or license the patents from others.

“Ultimately, a patent is nothing more or less than a license to sue someone,” Michael Brody, an intellectual property specialist at Winston & Strawn, told an audience at Stanford University earlier this week.

An account of Brody’s talk posted Wednesday by TechHive‘s Mark Hachman is packed with trollish facts and figures:

  • About 125,000 software patents are filed annually. “And that kind of meat has attracted sharks,” writes Hachman.
  • In 2012, more than 4,200 separate companies or individuals were sued by NPEs.
  • The average licensing cost for a case that goes to trial is $7.5 million
  • The average licensing cost for an out-of-court settlement is $29.75 million.
  • The cost to defend each suit ranges from $800,000 per suit for startups to an average cost of $7.9 million for the those firms with over $50 billion of annual revenue.
  • In total, the annual cost or “troll tax” for defending NPE suits is $1.04 million annually for firms with annual revenue under $1 billion, and up to $57.67 million for those with revenues over $50 billion
  • All told, an NPE has a 24.1% chance of “winning,” either by negotiating a settlement, winning at court or winning at appeal.
  • The “net discounted value” of an NPE suit is $800,000; i.e., it’s likely that the suit itself will net at least that much just by being filed.

“That’s a good business to be in,” says Brody. “And that’s why a lot of people are in it.”

Below, PatentFreedom‘s list of the most pursued companies.



About the Author
By Philip Elmer-DeWitt
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • TikTok icon
  • YouTube icon

Latest in

France deploys giant military cargo plane to dump tons of flame retardants as European wildfires displace more than 250,000
Environmentwildfires
France deploys giant military cargo plane to dump tons of flame retardants as European wildfires displace more than 250,000
By Mark Carlson, Emma Da Silva, John Leicester and The Associated PressJuly 25, 2026
5 hours ago
Intern arrested in Belgium on suspicion of spying inside NATO military headquarters and ‘being a member of a criminal organization’
CybersecurityNATO
Intern arrested in Belgium on suspicion of spying inside NATO military headquarters and ‘being a member of a criminal organization’
By Sam McNeil and The Associated PressJuly 25, 2026
5 hours ago
Let’s get ready to rumble: The next Fed meeting will be a ‘family feud’ — and that’s exactly what Chairman Kevin Warsh wants
EconomyFederal Reserve
Let’s get ready to rumble: The next Fed meeting will be a ‘family feud’ — and that’s exactly what Chairman Kevin Warsh wants
By Jason MaJuly 25, 2026
6 hours ago
The ‘Trump Trade’ is turning into a loser in the stock market
InvestingStock
The ‘Trump Trade’ is turning into a loser in the stock market
By Geoffrey Morgan, Joel Leon and BloombergJuly 25, 2026
8 hours ago
Samsung wins $200 billion order to supply chips to Broadcom
AIChips
Samsung wins $200 billion order to supply chips to Broadcom
By Hooyeon Kim and BloombergJuly 25, 2026
8 hours ago
SK chair says Anthropic asked for supplies to make its own chips
AIChips
SK chair says Anthropic asked for supplies to make its own chips
By Ian King and BloombergJuly 25, 2026
8 hours ago

Most Popular

The millennial generation is split in 2: an older crowd with boomer-style comfort, a younger set going 'back to the early 1900s'
Real Estate
The millennial generation is split in 2: an older crowd with boomer-style comfort, a younger set going 'back to the early 1900s'
By Nick LichtenbergJuly 25, 2026
17 hours ago
Trump pulls back after Iran crosses his red line as U.S. military breaks two-week streak of airstrikes amid talks for potential Hormuz deal
Middle East
Trump pulls back after Iran crosses his red line as U.S. military breaks two-week streak of airstrikes amid talks for potential Hormuz deal
By Jason MaJuly 25, 2026
9 hours ago
'The demographic dividend of the last 40 years is ending': J.P. Morgan says the world is running out of the two things that kept interest rates down
Economy
'The demographic dividend of the last 40 years is ending': J.P. Morgan says the world is running out of the two things that kept interest rates down
By Eleanor PringleJuly 24, 2026
2 days ago
Jensen Huang made his $172 billion fortune on AI chips. His family's $75 million gift to Vanderbilt argues art decides what technology is for
Big Tech
Jensen Huang made his $172 billion fortune on AI chips. His family's $75 million gift to Vanderbilt argues art decides what technology is for
By Sydney LakeJuly 23, 2026
3 days ago
An 11-year-old is cleaning his neighbors' trash cans for $10 each—he now has 100K followers as teens face the worst summer job market since 1948
Success
An 11-year-old is cleaning his neighbors' trash cans for $10 each—he now has 100K followers as teens face the worst summer job market since 1948
By Orianna Rosa RoyleJuly 25, 2026
19 hours ago
A Hims cofounder fired his entire marketing team for AI. Now his 24/7 online vet service is growing 20% a month
Success
A Hims cofounder fired his entire marketing team for AI. Now his 24/7 online vet service is growing 20% a month
By Sydney LakeJuly 25, 2026
15 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.