The Patent Dispute Between Apple, Samsung, and Qualcomm: Was Apple, a Good Negotiator?

Abstract

The patent dispute is very common in today's business world. For parties involved in such a case they have to formulate comprehensive strategies to obtain the utmost interests. This article reviews and compares two representative cases between Apple, Samsung, and Qualcomm with respect to patent infringement in the past decade. Based on the review, the detailed progress of the negotiation has been delineated. After that, in line with strategic negotiation theories, the practices of Apple are discussed to propose what it has done well and what can be further improved. The results show that negotiation about patent disputes should be more interest-oriented rather than position-oriented. That flexibility is the key to reach a win-win situation for both sides. The reflections and insights put forward by this article would implicate future business negotiations regarding patent disputes.