Implications of the Apple vs. Samsung IP Litigation

See below thesis statement of for the paper: The 21st century has brought rapid technological advancements around the globe and diverted businesses into a constantly changing digital world; an effective way to uphold both consumer and manufacturer rights is for the courts to enforce & uphold strict laws in favor of patent and infringement protection for both physical and intellectual property rights as was done in the recent court ruling of Apple v. Samsung. Thesis Supporting Sources Lee, J. (2012). A Clash between IT Giants and the Changing Face of International Law: The Samsung vs. Apple Litigation and its Jurisdictional Implications. Journal of East Asia and International Law, (Issue 1), 117. Retrieved from http://search.ebscohost.com.ezproxy.fiu.edu/login.aspx?direct=true&db=edshol&AN=edshol.hein.journals.jeasil5.7&site=eds-live Lee, W.-S., Lee, M.-K., Kang, S., & Yoo, J.-W. (2019). The Samsung–Apple patent war: Socio-cultural comparative study of news frames in a business conflict issue. International Communication Gazette, 81(1), 46–65. https://doi-org.ezproxy.fiu.edu/10.1177/1748048518767789 Park, S. P. (2014).

Harmonizing Public and Private International Law: Implications of the Apple vs. Samsung IP Litigation. Journal of East Asia and International Law, (Issue 2), 351. Retrieved from http://search.ebscohost.com.ezproxy.fiu.edu/login.aspx?direct=true&db=edshol&AN=edshol.hein.journals.jeasil7.32&site=eds-live Research paper topic: Samsung Electronics Co. Vs Apple https://www.law.cornell.edu/supct/cert/15-777 https://www.natlawreview.com/article/intellectual-property-cases-to-watch-2017 What prompted you to select this topic? This is a highly publicized case involving Fortune 500 companies from different countries settling a major patent-related dispute. In today’s world, technology moves so rapidly and advancements are so swift that competitors are constantly trying to have the edge on the consumer as well as one another.

Technology plays a major part in daily life and affects us all. How does it impact the business law environment? This case can be used as a reference for future cases because of the settlement details. The district court ordered a retrial of the lawsuit because Samsung was not made aware of the patents during some time of the infringement. Ultimately, Samsung appealed that the damages were made on note of Samsung’s entire profits, not the profits made on the sale of devices involved in the infringement. Do you have a position on this issue? Yes we agree with the court’s ruling of this particular case; patent infringement is a constant issue due to the speed of technology and vast size of global corporations. Due to Samsung’s design infringement they could have released an inferior product as a whole. Thus, not capturing their share of the market. Our view is that the court’s final verdict was correct. What is your biggest challenge when conducting research? Our biggest challenge when conducting research will be to be able to retrieve information that is accurate, concise, and factual. We need to be able to find reputable sources such as academic and scholarly journals that state facts rather than opinions. In such a highly public case, many news outlets and social media posts tend to steer the public eye towards false statements. Moreover, we may find it difficult to select references that support our thesis fully rather than partially negating it and that refer to specific cases which present precedent. Identify three specific research-related questions you would like to ask? Question 1: How does the legal standard of “article of manufacture” play a role in this case? Question 2: Will the verdict of this case and it’s retrial become a precedent for future cases? Question 3: What effect will this case have on Samsung’s sales in other countries as these are US patents and a larger issue in the US? The research paper must address a current business law issue. A good source for possible topics is recent court decisions and regulatory actions. Bear in mind that current issues make more interesting papers. The topic is your choice – everything is fair game as long as it involves a current business law issue. The topics listed below are broad categories from which you can draw ideas. The topic you choose, however, must be narrow enough so you can address it properly within the space constraints of the assignment, and from which you can develop an interesting and provocative thesis. For example, while “constitutional law” as a topic is much too broad, you can choose a specific issue, or case relating to constitutional law. Constitutional law Breach of contracts Insurance fraud Malpractice Antitrust Intellectual property – Apple Vs Samsung (Anna, Keith Piracy Copyright Trademark infringement Labor and employment Bankruptcy International Trade Affirmative Action Ethics