When I was at IBM, I helped them decide to sue Informix which resulted in a merger. I also questioned intellectual property (IP) policy with respect to the personal computer (PC) business. Now that IBM no longer has a PC business, it can more aggressively enforce its IP. With a large portfolio, IP benefits from looking tough on some of its patents. The assumptions in game theory that lead to the chain store paradox of never fighting do not apply here. It is doing that with its portfolio of non-PC patents too. IBM earned $1.4 billion from IP royalties in 2000.
I think their R&D spend is optional to support a much higher rate of patenting. That is, I think the 1.8 million they spent on R&D to get a patent was optional. Only the filing fees, incentive awards, employee hours and legal are necessary to get a valuable patent portfolio. Case in point: a patent I got for IBM on all externally adjustable medical implants. If IBM spun off its IP portfolio, that could generate billions in royalties without any risk of a countersuit. Decisive win for IBM.