This point offers a convenient segue into the second recent smartphone patent war development, this one at the USITC.

FORBES: 'Tis the Season for More Smartphone 'Patent War' Court Rulings

Chinese telecommunications equipment makers Huawei (SHE:002502) and ZTE ( HKG: 0767) are back under investigation for patent infringement by the United States International Trade Commission (USITC).

FORBES: Connect

Although the USITC has not judged on the merits of the case, Huawei and ZTE have been under investigation by Washington bureaus on and off since 2010.

FORBES: Connect

The result may be fewer blockbuster federal patent lawsuits and, as a commentator in The Recorder story opined, more actions at the U.S. International Trade Commission (USITC), where U.S. market exclusion is the exclusive remedy and eBay is not applicable.

FORBES: 'Tis the Season for More Smartphone 'Patent War' Court Rulings