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Depends if the other side also wants to keep patents going. They may be interested in patent reform too. Apple has Lodsys to deal with, for example. If you dont have patents then its all about execution. I'd say Apple is kicking everyone's arse on execution. Same for IBM.

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Apple may be afraid the day will come when they stop kicking everyone's ass on execution. That seems to be the simplest explanation for the Samsung / HTC / Motorola lawsuits. If they were confident they'd keep winning in the marketplace, why waste the time and take the PR hit?

In any case, Microsoft and RIM (two of Apple's partners on the Nortel patent purchase) know that the day that their execution is no longer enough has already arrived.

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