Looking at the iPhone 5, and when Apple started to go litigation crazy I think a couple factors have combined to force them to go this way.
1. The iPhone 5 is an incremental update to the iPhone 4 template. It doesn't mean it's a bad product, it actually looks like it's a very very nice device. But it isn't the leapfrog over the competition that people have come to expect and Apple has built its smartphone business around.
I think Apple tends to produce their iDevices at pretty much the absolute state of the art. I think previous smartphones and recent competitors did not because it let them yield better profits given an inefficient supply chain. Now the competition has caught up and is also operating at the state of the art.
Now they just produce a very very nice device with specs more or less in-line with the competition. The differentiation is harder to demonstrate.
At some point during the development cycle for the iPhone 5 they had to have compared it to the competition in the marketplace and come to the conclusion that it simply isn't going to cut it the way previous phones have. They'll still sell it as an upgrade to most current users, but the rate of new user growth is slowing down and the rate of defectors to the competition is increasing. They must have decided the 5 simply isn't going to do enough on its own as a product to change that.
2. In the past year the competition has started to outsell them. Despite having the iPhone available across the major carriers, and having arguably a nicer device at a similar price, it just seems to be an increasingly hard sell. The iPhone 5 may not be enough of a difference from the 4S (in line with consumer expectations) to sway consumers back over into Appleland. Long new product development pipelines have prevented them from pushing out a product that really stands out in a meaningful way in the market anymore.
So Apple is hedging, they've calculated that the new iPhone 5 won't swing the pendulum back in their favor, and the only choice is to try and frustrate the ability of the competion in bringing even newer products to market. Apple isn't hoping to make money via the awards, but in swinging the pendulum a few percent back in their favor. It could mean tens of billions on top of the award.