Browse > Article
http://dx.doi.org/10.14400/JDC.2015.13.3.117

Samsung - Apple Patent War Case Analysis: Focus on the Strategy to Deal with Patent Litigation  

Kim, Sol Yi (Dept. of MIS, Chungbuk National University)
Park, Seong Taek (KASOM)
Kim, Young Ki (Dept. of MIS, Chungbuk National University)
Publication Information
Journal of Digital Convergence / v.13, no.3, 2015 , pp. 117-125 More about this Journal
Abstract
In case that they do not have counterstrategies ready for patent disputes in advance, they would not be able to survive competitions or would fall behind in the market. Most of domestic companies are not equipped with appropriate counterstrategies, and there are only few studies on the countermeasures for patent disputes. Thus, this study examined counterstrategies for patent disputes drawn from cases of smartphone patent disputes and preceding researches, and conducted interviews and surveys with patent experts and company executives to grasp their opinions about the effectiveness of countermeasures for patent disputes related to the smartphone field. As for analysis tool, the Delphi method is selected that is usually used for analyzing relatively a small number of expert opinions. As a result of interviewing patent experts, effective countermeasures turned out to be cross licensing, counter-suit, and patent invalidation suit, in order, and as a result of surveys with company executives, they turned out to be patent invalidation suit, counter-suit, cross licensing, suit through solidarity, and loyalty agreement, in order. It is anticipated that the study results could be used for smartphone manufacturing companies and ICT companies to establish counterstrategies for patent disputes.
Keywords
Patent War; Smartphone; Samsung; Apple; Case Analysis;
Citations & Related Records
Times Cited By KSCI : 1  (Citation Analysis)
연도 인용수 순위
1 KIPO, Intellectual Property White Paper, 2012.
2 Ernst, H, Patent Information for Strategic Technology Management, in: World Patent Information, 25(3), pp. 233-242, 2003.   DOI   ScienceOn
3 Bae Sunf Ju, Draw the Patent seems to map a Strategy. DBR 135, ISSUE 2, pp. 91-97, 2013.
4 Choi Ji Sun, Strategic Implication of an Injunctive Relief in Global IP Lawsuits: based on the Samsung vs. Apple litigation in the US, Journal of Technology Innovation, 21(2), pp. 319-354, 2013.
5 Fred Warshorfsky, The Battle to Own the World's Technology, Wiley, 1994
6 S.T. Park, S,J. Lee, Y.K. Kim, Patent Dispute Management Strategy of the Enterprise through Case, KITA Conference, 2006.
7 Kim Dong Wook, Patent Disputes Trends and Causes and Countermeasures, Intellectual Property 21, KIPO, 96, pp. 208-266, 2006.
8 KIPO, http://www.kipo.go.kr
9 Lanjouw, Jean O. and Mark Schankerman, Characteristics of Patent Litigation: A Window on Competition, RAND Journal of Economics, 32(1), 129-151, 2001.   DOI   ScienceOn
10 Lerner, Josh, Patenting in the Shadow of Competitors, Journal of Law and Economics, 38(2), pp. 463-95, 1995.   DOI   ScienceOn
11 Song Sang Young, Kim Sa Hyuk, The New Competition Pattern and Response Strategies of Mobile Platforms, KISDI, 2013.
12 Kim Yu Jin, Firms Evolution in Managing Intellectual Property after Patent Infringement lawsuits, Seoul National University, 2010.
13 Chae, Kyung Mi, A Study on the Characteristics of Patent Affecting Patent Dispute: Focused on the Electrical Field, SKKU, 2013.
14 Ryu, Chang-Han, Prevention and Resolution Strategies on Patent Dispute Against NPEs : Focusing on Automotive Industry, Hanyang University, 2013.
15 Jeon, Keun Jeong, Survey Analysis on SAMSUNG vs. APPLE Patent Litigation: Focused on Samsung's Galaxy and Apple's iPhone patent litigation, Hongik University, 2013.
16 http://www.netcaucus.org/conference/2012/SOTN_2012_Smartphone_Litigation.pdf
17 S.T. Park, S,J. Lee, S.Y, Kim, Y.K. Kim, A Study on Corporate Strategy at the time of Patent Disputes, The Korea Society of Digital Policy & Management 2013 Conference
18 Kim, Jeong Joong, A Strategy Patent Dispute, special report 02, DBR, pp. 70-75, 2013.
19 Schmidt, R. C., Lyytinen, K., Keil, M. & Cule, P, Identifying Software Project Risk: an International Delphi Study, Journal of Management Information Systems, 17(4), pp. 5-36, 2001.
20 Y.K, Kim, S.T, Park, S.J, Lee, Selection of important factors for Patent Valuation using Delphi Method, Entrue Journal of Information Technology, 9(1), pp. 7-17, 2010.