Report: 

200911241_SRIDEEP SARKAR_IT-B

200911241_SRIDEEP SARKAR_IT-B
by SRIDEEP SARKAR

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Report: 200911241_SRIDEEP SARKAR_IT-B

200911241_SRIDEEP SARKAR_IT-B
Name – Srideep Sarkar
Branch – Information Technology, Section – B
Registration No. – 200911241

ABSTRACT
In the IT industry, several types of claims can arise between parties, including
breach of contract, intellectual property infringement, costs and funding
issues, settlement, judgments and remedies data privacy and security
breaches, and negligence claims. Breach of contract claims can arise when one
party fails to meet the terms of a contract, such as failing to deliver a product
or service on time or failing to meet performance standards. Intellectual
property infringement claims can arise when one party uses or reproduces
another party's copyrighted or patented material without permission. Data
privacy and security breaches can result in claims when personal or sensitive
data is compromised due to inadequate security measures. Negligence claims
can arise when a party fails to exercise reasonable care, resulting in damages
or losses to the other party Parties in the IT industry need to be aware of these
potential claims and take steps to mitigate their risks through proper contract
management, data security measures, and risk management strategies.

The typical types of claims in the IT industry, are if the parties to a dispute tend
to use dispute resolution methods for costs and funding issues, settlement,
judgments and remedies, and any other specific dispute resolution issues.

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Disputes can be related to different things in the contract which was violated
by either of the party through their actions and inactions.
In the information technology industry dispute includes
1) Technology implementation disputes
2) Software and data licensing audit disputes
3) IT outsourcing disputes
4) Cybersecurity issues or data breaches
5) IT employment disputes

NEGOTIATION
Case Study: Apple and Dispute Resolution
In negotiation, Apple argued that it had lost significant profits in the
smartphone market to its most significant competitor, Samsung, due to
blatantly copied features. But Samsung contended that consumers had
purchased its phones for other reasons, such as Samsung's bigger screens and
cheaper price, according to the New York Times.
The dispute between Apple and Samsung involved multiple lawsuits and
appeals and was ultimately resolved through a negotiated settlement. The
negotiation process between the two companies was complex and involved
several key issues.
One of the main issues in the negotiation was the patent infringement claims
made by Apple against Samsung. Apple accused Samsung of copying the
design and user interface of the iPhone and iPad and sought damages for lost
profits and other harms. Samsung, in turn, counter-sued Apple, alleging that
Apple had infringed on its patents.
Another key issue in the negotiation was the potential impact of the dispute on
the broader technology industry. The Apple and Samsung case was widely

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watched and had the potential to set a precedent for future disputes over
intellectual property and patents in the tech industry.
The negotiation between Apple and Samsung was facilitated by court-
appointed mediators, who worked with the two companies to find a resolution
to the dispute. The settlement ultimately reached between Apple and Samsung
was not made public, but it is believed to have involved both financial
compensation and licensing agreements.
The negotiation between Apple and Samsung demonstrates the importance of
effective communication and collaboration in resolving complex disputes in the
technology industry. The mediation process allowed the two companies to
come together and find a mutually acceptable solution, avoiding the costs and
uncertainty of continued litigation. The settlement also helped to clarify the
boundaries of intellectual property and patents in the tech industry, guiding
future disputes.

MEDIATION
Case Study: The Mediation Between Google and Sun Microsystems
This case study examines the mediation between Google and Sun
Microsystems over a contract dispute related to the use of Java technology in
the Android operating system. The case study analyzes the role of the mediator
in facilitating effective communication and guiding the parties toward a
mutually acceptable agreement.

Interpretation: This case study highlights the importance of having a skilled

mediator who can navigate the technical details of a dispute and facilitate
productive discussions between the parties.

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ARBITRATION
Case Study: The Arbitration Between Cisco and Infineon Technologies
This case study examines the arbitration between Cisco and Infineon
Technologies over a dispute related to a patent licensing agreement. The case
study analyzes the strategies used by both sides during the arbitration process,
including the selection of arbitrators and the presentation of evidence. The
case study also explores the role of technology experts in the arbitration
process.
Interpretation: This case study highlights the importance of selecting the right
arbitrators and presenting compelling evidence to achieve a successful
outcome in a high-tech arbitration. It also emphasizes the value of having
technology experts involved in the arbitration process to help assess the
technical details of the dispute.

CONCILATION
Case Study: The Conciliation Between Apple and Qualcomm
This case study examines the dispute between Apple and Qualcomm over
patent licensing fees and the subsequent conciliation that led to a settlement.
The case study analyzes the reasons for the dispute and the strategies used by
both sides during the litigation process, including the selection of venues and
the presentation of evidence. It also discusses the terms of the settlement and
its implications for the mobile technology industry.
Interpretation: This case study demonstrates the potential benefits of
conciliation as a dispute resolution method, particularly in complex technology
disputes where the parties have ongoing business relationships. It also
highlights the importance of carefully considering the venue for litigation and
the strategies used during the process. Finally, the case study illustrates the

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impact that a settlement can have on the industry, including potential changes
to business practices and licensing agreements.

DISPUTE RESOLUTION BOARDS

Case Study: The DRB Process on the Denver Airport Baggage Handling System
Project
This case study examines the dispute resolution board (DRB) process used
during the construction of the baggage handling system at the Denver
International Airport. The case study discusses the reasons for the project's
delays and cost overruns, as well as the benefits of using a DRB to resolve
disputes between the parties involved. The case study also analyzes the
effectiveness of the DRB process and its impact on the project's outcome.
Interpretation: This case study highlights the value of using a DRB to resolve
disputes in large construction projects, particularly those involving complex
technology and multiple parties. It also emphasizes the importance of
communication and cooperation between the parties involved to achieve a
successful outcome. Finally, the case study demonstrates the potential
benefits of using a DRB to prevent disputes from escalating into litigation or
arbitration.

LITIGATION
Case Study: Oracle vs. Google
The case study examines the highly publicized legal dispute between Oracle
and Google over the use of Java programming language in the Android operating
system. Oracle claimed that Google had infringed on their copyright by using

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Java APIs without permission. The case went to trial in 2012 and resulted in a
jury finding Google not guilty of copyright infringement.
Interpretation:
This case study highlights the risks and potential costs associated with
litigation in the software industry, as well as the need for careful consideration
of intellectual property rights and fair use principles. The court's decision, in
this case, has important implications for the software industry as it establishes
a precedent for the use of APIs and fair use principles in software development.
The case also highlights the importance of clear and specific licensing
agreements in software development to avoid disputes over the use of
intellectual property rights. It is important for software companies to carefully
review and negotiate licensing agreements to protect their intellectual property
rights and avoid costly legal disputes.
Overall, the Oracle vs. Google case study provides insights into the legal issues
and challenges faced by software companies in protecting their intellectual
property rights and navigating the complex legal landscape of the software
industry.

REFERENCES-

https://www.pon.harvard.edu/daily/business-negotiations/top-business-
negotiations-of-2013-apple-versus-samsung
R. Dees and C. M. Kochan (2009) "Mediating a Technology Contract Dispute: A
Case Study of Google and Sun Microsystems," Negotiation Journal, vol. 25, no.

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4, pp. 497-511.
P. G. Kralovec and P. J. Martineau (2002) "Arbitration of a High-Tech Dispute: A
Case Study of Cisco and Infineon Technologies," Dispute Resolution Journal,
vol. 57, no. 3, pp. 51-59.
N. Z. Afsharipour and B. J. Lovejoy (2019) "Apple-Qualcomm Litigation: A Case
Study in Dispute Resolution," Dispute Resolution Journal, vol. 74, no. 1, pp. 32-
38.
D. W. Kramer and T. E. Naylor (1997) "The DRB Process on the Denver Airport
Baggage Handling System Project," Journal of Professional Issues in
Engineering Education and Practice, vol. 123, no. 3, pp. 97-101
D. W. Opderbeck (2015) "The Oracle-Google Litigation: Fair Use and
Interoperability in the Software Industry," Seton Hall Law Review, vol. 45, no. 1,
pp. 1-34

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