Smartphone Patent Litigation: Lessons from the Apple - Samsung saga
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At its core, the legitimacy of the patent regime must be the maximization of the public interest. The breath taking technological revolution in the information and communication technology (ICT) sector has put into sharp focus the impact of the patent system on innovation. This article draws on the recent developments in the Apple-Samsung saga to illustrate the danger of shaping legal rights without reference to their remedies. It is argued that greater judicial scrutiny and discretion on the grant of permanent injunction may offer a more appropriate approach to the unique ICT sector. Moreover, it will propose that the eBay four-factor test and its application in the recent Apple-Samsung decisions hold significant lessons for jurisdictions that are concerned with the impact of patent exploitation in an integrated world economy. Hopefully, this article will be a useful contribution to the development of similar issues in Korean jurisprudence.
Abstract
At its core, the legitimacy of the patent regime must be the maximization of the public interest. The breath taking technological revolution in the information and communication technology (ICT) sector has put into sharp focus the impact of the patent system on innovation. This article draws on the recent developments in the Apple-Samsung saga to illustrate the danger of shaping legal rights without reference to their remedies. It is argued that greater judicial scrutiny and discretion on the grant of permanent injunction may offer a more appropriate approach to the unique ICT sector. Moreover, it will propose that the eBay four-factor test and its application in the recent Apple-Samsung decisions hold significant lessons for jurisdictions that are concerned with the impact of patent exploitation in an integrated world economy. Hopefully, this article will be a useful contribution to the development of similar issues in Korean jurisprudence.