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5 J. E. Asia & Int'l L. 117 (2012)
A Clash between IT Giants and the Changing Face of International Law: The Samsung vs. Apple Litigation and its Jurisdictional Implications

handle is hein.journals/jeasil5 and id is 111 raw text is: Samsung v. Apple 117

A Clash between IT Giants
and the Changing Face of
International Law:
The Samsung vs. Apple
Litigation and Its
Jurisdictional Implications
Jaemin Lee
There has been a sudden surge in simultaneous legal disputes belween Samsung and
Apple in domestic courts of multiple States since 2011 concerning patent
infringements involving their new digital products. The intensity of these
conr'ontaions between the two digital giants has come to exert significant influence
over the lives of many people all over the world. In a sense, they are not competing to
protect or increase the market share in a given domestic markel, as other large
corporations usually do, raller, they are now competing in a single, integrated global
digital market wihere borders and boudaries have virtually disappeared. The
emergence of Ie dominant digital entitics is a showcase example of I/e increasing
role of the MNCs in e international commmity, an issue that has already attracted
a significant amounl of attention f om scholars of international law. At the same
time, Ihe unprecedented clash belween I/e two corporations in multiple jurisdictions
also raises an important issue of how conventional jurisdictional principles under
international law are and will be implicated in this regard.
Keywords
Prescriptive Jurisdiction, Enforcement Jurisdiction, Municipal Courts,
Multinational Corporations, Patent Infringement, IPRs, CSR
Professor of Law at Hanyang University School of Law. LL.B.iLL.M.iPh.D.(Seoul N.U.), J.D.(Boston College),
LL.M.(Georgetown). The author may be contacted at: jaemin@haniang.ae.kriAddress: School of Law, Hanyang
Universit , 17 Haengdang-dong, Sungdong-gu, Seoul 133-791 Korea.

NV JEA L 1 (2o1.)

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