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The analogy fails because, in MAD, the unthinkable scenario happens quickly and there is no turning back once the process starts - effectively preventing it from starting - while in the lawsuit-standoff-from-hell it is a very long and expensive process with plenty of opportunities to abort and negotiate a deal.

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This is from 2010, and the landscape has become quite a bit worse since then:

http://www.guardian.co.uk/technology/2010/oct/04/microsoft-m...

Still, the MAD doctrine won't prevent this war. The damage is spread across periods too long to effectively prevent lawsuits. Or innovation. It will just raise entry barriers and prevent small players from entering the market (or impose additional costs when they become large enough).

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