Is this just a question of Samsung verse Apple, or iOS verse Android, but Apple is not battling the U.S. company, Google, and Google is not defending it’s partner because it has its own internally acquired hardware vendor, Motorola Mobility?

Since Samsung is a foreign company, should it be protected under United States Antitrust regulations, and if so, do they apply?  If by taking Samsung out of the U.S. marketplace, would Apple monopolize the marketplace?  Is it a grey area, the current number of mobile hardware manufacturers, relative to their share in the market, and how much control Apple would have shaping the U.S. marketplace if Samsung was removed?  Are the mobile hardware and/or OS manufactures an Oligopoly or a Monopoly?  As an example article, here is a brief statement on Monopolies and Oligopolies, and examples of Oligopolies. U.S Antitrust Laws could apply, but this decision should at least be presented to the U.S. Supreme Court, and possibly in a different context.  Is this a hardware manufacturer issue, or a mobile Operating System issue?

I continually see news articles like, Apple wants ban on Samsung products, even more damages.  Here is a solid paper from a Law student at Fordham regarding Oligopolies and Antitrust Law.  It started to make me think, along with another article from CNN Money, Android races past Apple in smartphone market share.  In the article it mentions how RIMM and Nokia / Symbian fell in market share significantly, and the top two competitors are Apple and Android.  For me, these articles raised a few questions.  Clearly RIMM and Nokia/Symbian differ in form factor and feature capabilities, and have been outpaced by Apple and Android.  Google purchasing Motorola Mobility seemed to enhance the lack of Google’s interest in backing other hardware manufacturers.  My first question is what is the difference between generic drugs and name brand drugs, and this situation, and how do Generics persist in the marketplace?  Is this battle really Android versus Apple, but Google is keeping an arm’s length because they have their own hardware manufacturer internally?  Second, are every single innovation adopted by one OS and/or hardware manufacturer, e.g. mutithreaded / multitasking support, all up for debate, fines, and closed the ability to compete in the marketplace.  This situation smells of geopolitics, and how American Capitalism marketplace may be leveraging some form of Protectionism.  Again, this case, and possibly Samsung should partner with another Android OS partner, possibly outside the U.S., to transform this case to the U.S. Supreme Court, and make this about the Operating Systems rather than hardware.