Empirical Research On Mobile Internet Enterprise Patent Litigation Strategy

Closely connected with the development of mobile internet enterprises, patenthas the function of being strategic weapons and important intangible assets.Mobileinternet enterprise attaches great importance to R&D and innovation, while the patentis an effective means of protecting its R&D and innovation achievements.Transformingfrom a simple legal issue to market competition means to enterprise,patent litigation has been an effective strategy tool in the management of mobileinternet enterprises.To develop an effective patent litigation strategy is very importantto mobile internet enterprises. As for the development trend of mobile internet marketscale and the high compensation, litigation cost and expectations of mobile Internettechnology patent suits, great attention has been attached to by all parties concerned.With its world’s leading mobile internet technology, and also the mature legalsystem and superior litigation environment, the United States has been the mainbattlefield for world’s mobile internet technology patent lawsuits.Taking the mobile internet patent litigation cases between enterprises whichoccured in the United States as samples, this paper is to extract the sample datathrough empirical analysis, and also to summarizes the existing enterprise patentlitigation strategy theory by adopting the method of literature research. Combingspecific cases with the actual situation of the mobile internet enterprises in ourcountry, the paper puts forward patent litigation strategies for domestic mobileinternet enterprises as the fire of patent litigation war will burn to China in the nearfuture.The first chapter of the paper elaborates the background, purpose andsignificance of the selected topic, also the innovation points of the paper, approachingto the future development, litigation status, existing problems and development trendof mobile internet enterprises.The second chapter exhibits the present situation of litigation between mobileinternet enterprises. By extracting the sample data of abroad patent litigation casesbetween mobile internet enterprises, this part makes quantitative analysis respectivelyfrom aspects of the composition of litigation subject, the purpose of litigation and thelitigation object selected, to summarize the characteristics of abroad patent litigationsbetween the mobile internet enterprises, and then to analyze the participation of domestic mobile internet enterprise in litigations, and the characteristics of the roleplayed and of the lawsuits.The third chapter firstly derives the definition of patent litigation betweencorporations from existing literatures. Then discusses the types of patent litigationstrategy for mobile internet enterprises, with combing the present situation andcharacteristics of patent litigations between mobile internet enterprises in domesticand abroad. Lastly, the paper takes representative patent litigation between Apple andHTC as the sample of making qualitative analysis, to analyze the litigation strategiesof both sides. The fourth chapter combines the revelation the foreign patentlitigation strategies giving to China’s mobile internet enterprises, and puts forward thecountermeasures and suggestions respectively from the level of enterprise andindustry.