Software patents aren't an issue in much of the world; the reason I thought there wasn't much of a career in codec development was that it was obvious that it needed to move down into custom ASICs to be power-efficient, at which point you can no longer develop new ones until people replace all their hardware.
Software patents aren't an issue in most of the world. Codecs however are used all over the world. No one is going to use a codec that is illegal to use in the US and EU.
By the time software is robust enough to make it worth while to be placed into hardware, it's pretty damn efficient. For something like ASICs, you could at least upgrade the firmware with new code, but what about Apple's chips that do the decoding? Can they be upgraded, or does that mean needing to wait for the M++ chip?
Sometimes there are hybrid coders that can use some of the resources on the chip and some shader code to handle new codecs or codec features after the fact, but you pay a power and performance penalty to use these.