[Abstract]
Patent disputes among small and medium-sized enterprises (SMEs) have increased
as fiercer competition rises among firms. Generally, these disputes are
categorized either by subject or by content. Based on the former criterion, a
quadripartite classification can be considered: the battle between two SMEs,
between an individual and an SME, between a large domestic firm and an SME,
and between a global firm and an SME. Based on the latter criterion, a bifurcated
categorization is generally adopted: a damage suit for the infringement of
a patent right and an administrative lawsuit claiming the annulment of a patent
right. However, with insufficient exemplary evidence dealing with Korean SMEs
as regards patent disputes, managerial practitioners have had limited access to
obtaining useful strategic implications. Therefore, the purpose of this research
is to present real-world evidence regarding patent disputes among SMEs and
to suggest managerial recommendations for each case. Among the numerous
patent dispute cases, four examples, namely, the litigations between eTomato
vs. Euracle, an individual vs. Edinet, Seo-O Telecom vs. LG Telecom, and
Baeksan OPC vs. Canon are introduced and used as bases for analyzing the
commonalities and idiosyncrasies among the ed cases.