APPLE VS SAMSUNG PATENT LAWSUIT 2011-2012: ANALYSIS OF THE EFFECTIVENESS OF PATENT PROTECTION ENFORCEMENT

Abstract

This research aims to explore the possibility of patent monopoly done by Apple against Samsung, the significance of Apple and Samsung patent dispute case towards innovation and US consumers' choice, and preferred alternative between licensing agreement and invent-around activities in respond to patented technologies and designs. The scope of time limitation of this study case is between 2011 and 2012, capturing several major events, from the beginning of case in San Jose Federal Court, USA until Apple's failure to propose US sales ban for Samsung in the late December 2012. This case has received international attention and had been captured by international media, such as Bloomberg, Reuters, and Forbes. This research was conducted through qualitative approach by raising a study case. The data sources came from reliable online articles, case-related official documents released in the internet, and books. The analysis concludes that liberalism theory has faced challenge to play its role effectively, while rivalrous invention/competition theory has succeeded to prove its thought related to preference that possibly taken by competitor in response to patented technology owned by another.