Professor Mark Lemley discusses the motivation behind Samsung’s rise in patents with CNBC.

Samsung is on track to unseat IBM as the number one company when it comes to winning U.S. utility patents.

IBM has held the top spot for more than 22 years, but unless it is granted a slew of patents by the end of the year, which experts say is extremely unlikely, Samsung will claim the top spot. The Korean company has been No. 2 for almost a decade.

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“The most likely explanation is having been the target in the Apple suit and other suits by U.S companies, they want tools of their own to fight back or at least level the playing field,” said Mark Lemley, director of the Stanford University program in law, science and technology.

“As with many large tech companies in the top 10, particularly the foreign ones, the patents are primarily used for defensive purposes,” he said.