Nothing new here.
For an enlightening overview of how the same kind of Goliath vs. Goliath has played out over the last century and a half, I recommend reading The Creation of the Media: Political Origins of Modern Communications by Paul Starr.
-xtabber
I haven't read the book (I'll have to add it to my long to-do list) but I've studied media and communications quite a bit. If you pay attention to the patterns in how the use the media you can actually see this playing out in real time.
It starts with a leak from Company A to some media organization that they're considering a lawsuit against Company B for patent infringement. Company B responds, usually with a leak of their own explaining how original their product is and implying if anything it's Company A's product that's infringing. This back and forth in the media goes on for a couple weeks or maybe a month or 2.
Eventually we learn that the companies are engaged in negotiations to avoid a protracted legal battle. There's usually some more rhetoric from both sides, typically in the form of more leaks. Most of the time there's a very public break down in negotiations followed by a furor in the media because they're on the brink of legal action.
Finally we learn both parties returned to the negotiating table. A short time later a cross licensing deal is announced, often with some kind of partnership between them to use each other's components. The media breathes a sigh of relief that disaster was narrowly averted.
What we really witnessed was nothing more than performance art. In fact the structure is basically the same as a 3 act play. In the first act the characters (products and companies) are introduced. In the second act there's conflict which brings the hero (whichever company you prefer) to the brink of defeat. In act 3 the conflict is resolved.
Along the way both sides get to advertise their products and brands through the press, disguised as leaks and legal arguments. Using so-called journalists as proxies ensures the public perceives it as credible news rather than PR. And of course supporters on each side are reassured their preferred company is reasonable and magnanimous while the competition is evil and greedy. It's brilliant but it's still bullshit.
Edit: If you look at the dispute between Microsoft and Samsung you'll see a textbook example of this. What threw them for a loop in the Apple case is when negotiations broke down Samsung thought they were just finishing Act 2. I'm sure it came as a complete shock when Apple started filing lawsuits for real.
