Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

18 The Android Wars: International Technology Arbitration in an Alternate Universe A Case Study of Apple v. Samsung

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter considers the Apple-Samsung litigation, termed the "patent trial of the century", and provides an alternative universe scenario: What would this litigation battle look like in international arbitration? Would resolution of the dispute be more procedurally efficient in arbitration? On a more macro level, would the outcome of the dispute in an international arbitration setting impact the industry and consumers differently than in litigation? The chapter maps the battleground by providing an overview of the smartphone and tablet industry, Apple and Android market positioning, and the patent portfolios at play. It then offers an overview of the litigations between the parties, focusing on the procedural history and substantive claims in the U. S. litigation. The chapter also compares and contrasts the key procedural aspects of international arbitration and litigation particularly as applied to patent disputes and considers these distinctions in the context of the Apple-Samsung litigation.

Keywords: Android market positioning; Apple-Samsung litigation; international arbitration; smartphone; tablet industry; U. S. litigation

10.1163/9789004274945_020
/content/books/b9789004274945_020
dcterms_subject,pub_keyword
10
5
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2013) — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation