However, recent cases before the ITC don't seem to be , so Samsung might see the ITC as being too risky. Rather than bog things down in US federal courts, though, Samsung opted to take the battle international. Some courts may also afford a political or psychological advantage for an "underdog" competitor being oppressed by an American tech giant like Apple.

Mueller notes that an international, multi-jurisdictional legal battle can be a logistical nightmare, and consume considerable resources, but global players like Apple and Samsung have the skills, resources, and lawyers on retainer to take the challenge on.