Increase in litigation Smartphone

The flurry of recent smart phone patent suits is being driven by technology companies eager to help maximize the speed and the experience of the International Trade Commission United States, says an expert from the University of Illinois Deepak Somaya patent strategy.

Credit: Brian l. Stauffer

The barrage of Smartphone in the Committee on trade in United States international patent suits (ITC) is being driven by technology companies eager to help maximize the speed and experience of specialised headquarters, says an expert from the University of Illinois patent strategy.

Professor Deepak Somaya business said that this current wave of patent litigation is a "powered by enterprise strategies clash".

"Smart phones combine lots of surprising innovation from both computing and mobile telephony and technology companies are seeing their patents as a potential source of leverage, as something that can help them improve their competitive position against other businesses looking to take advantage of this great confluence technologies," said. "When these companies are going to cut shopping for the presentation of patent cases, several of them choose the destination on the federal district courts more typical Forum ITC."

In the research that will appear in the magazine Science Organization, Somaya and co-author Christine McDaniel, an economist with the JRC management when investigated the ITC on their disputes of import-related patents district courts-oriented enterprises. Noted that strategy of the company, the nationality of the defendant and previous experience with ITC were important factors when companies were cut purchasing for the presentation of patent cases.

"What almost all research on purchases of court focused on the policy of the Court is likely to be a favorable or unfavorable Court?" Somaya said.

However, the main difference between the ITC independent, quasi-judicial federal agency which hears cases patent by virtue of article 337 of the Smoot-Hawley tariff and the District Courts Act relating to trade is the degree of specialization in the JRC.

"In the Centre, 85 percent of cases involve patent issues while typical District Judge Gets a patent case every five years," Somaya said. "The majority of cases the district courts deal with criminal cases and civil suits." Therefore a District Court is a forum for very general purpose thereof that the JRC is highly specialized. And this expertise goes hand in glove with the seat speed and experience, which can be very important for some cases of patent, depending on the strategy of the company "."

Taking a patent dispute the ITC requires that the infringement of patents related to the import. Once met its criteria, however, the ITC "becomes very attractive for a certain type of patent dispute one that the strategy of the company requires a fast and reliable decision", Somaya said.

And, according to Somaya, is the aspect of the company which has been attracting more inteligentes-teléfono the ITC patent litigation strategy.

"Patent cases are often very complicated and can last a long time and money to resolve", he said. "But since the ITC has a simplified and fast procedure, do not have the same burden of educating a judge or jury of what technology is, that if legislation is and so on." "There are a lot of experience in the Forum already, by which the award is faster, less random, and talking about relatively cost-effective".

The one disadvantage specialized places such as the JRC is that they are less favourable to the solution outside the Court.

"Specialized places not leave much room for either party play the game of negotiation", said Somaya. "If you are thinking about the solution, which can be very cost effective in disputes on patents, which often requires longer time for carrying out negotiations, time for which both sides adjust their expectations, time to develop an agreement acceptable to all." The ITC could instead rush you of award and force him to incur all the costs that the companions.

"In this case, seems better to go to a District Court simply to take the time and flexibility to negotiate an agreement".

Time, however, is a resource that companies such as Nokia, Apple and Motorola all currently immersed in ITC patent litigation do not.

Somaya said that "when the conflict involves a fundamental technology for fast, time is of the essence". "In addition, these patents Smartphone have very high strategic stakes for companies, so you have a situation which could be very difficult for both parties to settle in".

Once a company has not reached this point - of - return with litigation, sense the place go cheaper, faster and more expert, which is commonly the ITC says Somaya.

"Basically, there is much at stake for the owning company patents that do not see a way to resolve the conflict, so they really need is a judicial decision in your favor," he said. A company like Apple wants simply to underpin the competitive advantage of the iPhone and you may not see much sense trying to negotiate an agreement.