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

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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



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