A decision was issued on August 14, 2013 in the Helferich case against the New York Times. The court held that Helferich's prior licenses to cell phone makers exhausted its patent rights in relation to delivery of content to cell phones. In other words, the devices are licensed and Helferich cannot go back for a second payment from the companies that push content to cell phones. There may well be further litigation (including appeal), however this ruling is a positive precedent for marketers.
The court's memorandum opinion and order is attached:
Helferich vs. New York Times Patent Decision - Memorandum Opinion and Order - (PDF)