Emory International Law Review


Tyler J. Dutton


The Apple and Samsung litigation has resulted in more than twenty-two patent cases in six EU member states: twelve in Germany, two in the Netherlands, two in France, two in Italy, three in Spain, and one in the United Kingdom. Although the disputes involve the same technologies, Apple and Samsung must litigate the issue in each country because patent rights can only be enforced within the country that granted the patent. Patent battles, such as those between Apple and Samsung, require a patent owner "to pursue duplicative litigation on a 'nation-by-nation' basis, incurring significant costs and draining valuable judicial resources."