4. Analyzing case Legal problem .

The links that can be seen from this case are the subsidiaries of the two companies in the
countries where they are litigating. If you see the principles of international civil procedural law,
a national forum / court can accept a lawsuit filed by a transnational company through its
subsidiary if:

1. Court Jurisdiction

To determine whether a court has jurisdiction For these subsidiaries, a number of things that can
be seen are:

a. Principle of Domicile

Common law countries generally develop principle of domicile. Some principles of domicile of
legal entities include the principles of the center of business, the principle of the center of
incorporation, and the principle of the center of exploitation. These principles are used to
determine the domicile of a legal entity but in reality the principle is difficult to use to determine
the domicile of a transnational corporation that has many subsidiaries so that the United States
and common law countries develop the principle of domicile of a legal entity using the minimum
contact theory. This minimum contact theory looks at the facts in the case that indicate the
existence of:

-Continuity and systematic way of conducting business in the forum state (continuity and regular
patterns of the defendant in carrying out his affairs in the forum area).

-Purposefully directed toward the forum state that is all actions defendant's horn intentionally
directed to the forum country. Based on the link point obtained by the two companies, of course
deliberately doing business in every region of the country where they litigate by marketing
product and branch office opening.

While in European countries, they use the principles of international civil law that have been
regulated in Council Regulation (EC) No.44 / 2001 dated December 22, 2000 concerning
Jurisdiction and the Recognition and Enforcement of Judgment in Civil and Commercial Matters
(replacing the convention Brusells). This convention replaces the principle of nationality which
has tended to be followed by Continental European countries. This agreement claims jurisdiction
over branch offices or subsidiaries established in its territory. Branch office or subsidiary
foreigners established in the European region are considered to have domicile in Europe because
the subsidiary is registered and has physical offices in the territory of European countries.

b. Principle of Physical Presence

By placing a subsidiary in the physical for branch offices, retail stores or factories in a country
are considered as a form of presence of the company. This principle is used specifically for
companies that have a head office in a country that is different from its subsidiaries
(transnational companies).

c. Host State Regulation

The status of both companies as transnational companies can be taken into consideration by
judges in determining jurisdiction law. In international business law there is a general rule
wherein Home country legal holding companies and subsidiaries are subject in host country law
In the Code of Conduct of Transnational

The corporation mentioned that each transnational corporation entity must pay attention to and
comply with general provisions, jurisdiction and administrative practices that are explicitly
determined by the host country. This general rule implies that a company must comply with the
law in which the country is domiciled.

2. There is a real connection between the subject and the subject matter.

This provision relates to the principle of nonconveniens forum, namely the principle which is
used as a judge to reject a case. The relationship between subject matter in this case the
subsidiary itself and the subject matter proposed must be clearly related because even though a
court has jurisdiction to handle the case submitted, the court may refuse to continue the case if
the subject matter and subject matter have no connection or connection at all so that the judge
argues that the court cannot handle the case and appoints another forum to resolve it.

3. The principle of iis alibi pendents

The claim was not being processed in another forum. In this case the lawsuit has the same
subject matter and subject.

4. Principle of res judicata

The same case both the subject matter and the subject have no permanent legal force (successive
litigation) by another court. Under these conditions, Apple Inc. and Samsung Electronics.Ltd.Co
in this case can file a lawsuit in a forum / state court where their subsidiary is located because:

a. filed a lawsuit in a court whose jurisdiction covers the area where the subsidiary is legally
domiciled.

b. There is a connection between the subject matter and the disputed subject, in this case the
subject matter is a violation of several Intellectual Property Rights for products marketed through
each of their subsidiaries.

c. Disputes related to the same case and subject are not currently in
the process and / or have permanent legal force in other forums. The two companies in filing a
lawsuit in each country are represented by their respective subsidiaries so that in this case there is
no similarity in the subject matter.

Although both companies are Apple Inc. and Samsung Electronics Ltd.Co can file lawsuits
through its subsidiaries, filing lawsuits in some of these countries is ineffective because it
requires a lot of time and costs and it can be seen that there are several decisions that are
different.

The settlement of IPR disputes through litigation arrangements such as those conducted by the
two companies is philosophically based on the fact that the court is the last bastion of justice and
legal certainty which is the goal of the parties. However, in the case of Apple vs Samsung it is
also motivated by business competition so that the lawsuit between the two companies continues
to sue.