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Not all wars involve heavy munitions. Some wars are fought with court filings. The smartphone patent wars are being fought to see who will dominate an increasingly valuable market. According to a study by Nielsen in the summer of 2012, over 55% of mobile subscribers in the United States own smartphones. 1 And the demographic that is acquiring smartphones keeps getting younger. Nielsen further t Copyright C 2014 Jay P. Kesan and Carol M. Hayes.* Professor and H. Ross & Helen Workman Research Scholar, University of Illinois College of Law.