The product sold is infringed by the defendant's patent. The patent is invalid and the court will not The trial will be stopped
The defendant's request is invalid If the evidence or reasons provided are obviously insufficient, the court may not suspend the proceedings.
The product sold by the defendant is patent infringement , how to invalidate this patent
If the product sold by the seller is accused of infringing the patent rights of others, the seller can use the accused infringing products it has sold before the above-mentioned patent application date as a comparison basis to request the Patent Reexamination Board to declare the patent invalid.
The Patent Reexamination Board makes an invalidation review decision: if the two are the same or equivalent, the patent will be declared invalid; if the two are neither the same nor equivalent, the patent will remain valid.
In patent infringement litigation, the court based on the above invalid The review decision makes a judgment: the patent is invalid and the seller has noIt infringes the patent rights of others; the patent is valid because the two are neither the same nor equivalent, and the seller does not infringe the patent rights of others.
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