alt Hacker NewsThe smartphone wars were fought among tech giants, not capital intensive hardware startups. The problem with patents is that you need to already be financially successful enough to file them, able to pay to protect them in court, and can float your company's operating costs long enough to see them enforced and rewarded, which may take years.
Yes and no -- filing patents is quite affordable (probably outdated info, but I recall average costs for drafting and filing was ~10K / patent, most of the costs being related to the drafting rather than filing.) Compared to all the other capital investments required for hardware startups, these costs are negligible.
But you're totally right that enforcing them is extremely expensive, slow and risky.
That said, Roomba isn't exactly a startup but wasn't a tech giant either, and did enforce their patents often.
And especially against imported infringing products, the ITC provides a much cheaper, faster mechanism to get protection via injunctions.