What are the techniques for fighting patent infringement lawsuits
(1) Research into patented technology
Patent litigation is very technical, and it is very important to research, analyze and thoroughly understand patent technology and related background technologies. Patent litigation requires lawyers to not only understand legal provisions and relevant regulations, but more importantly, lawyers must understand patent technology.
If you don’t understand the law, you can’t win a lawsuit, and you don’t understand patents Technology is also not qualified for patent litigation. Legal provisions alone cannot resolve issues related to patent litigation. In particular, considerable technical knowledge is required to determine whether a technology constitutes infringement, whether it is a publicly known technology, whether it is an obvious technology, etc. It is difficult to be competent in patent litigation without delving into patented technology. Therefore, thoroughly studying patented technology is the prerequisite for successful patent infringement litigation.
(2) Fixing evidence of infringement
For the plaintiff’s patentee lawyer, the most important thing is to collect evidence of infringement. It is important to purchase infringing products, but some infringing products themselves are counterfeit For other people’s products, the manufacturer listed above is not necessarily the actual infringing manufacturer.
Therefore, it is best to go directly to the manufacturer to purchase suspected infringing products and collect evidence through notarization (concealed evidence collection if necessary), or when performing other duties through the industrial and commercial administration department or technical supervision department, by the way Obtain evidence of infringement. Obtaining evidence of infringement and the amount of infringement is the key to the plaintiff’s victory.
(3) Clever use of pre-litigation injunction
"Patent Law" stipulates that if the patentee or interested party has evidence to prove that others are committing or about to commit acts that infringe upon their patent rights, and if they are not stopped in time, their legitimate rights and interests will be irreparably damaged, they may Before filing a lawsuit, apply to the People's Court to take measures to order the cessation of relevant activities and property preservation. Almost all patentees are very concerned about the issue of pre-litigation injunctions, because the effect of pre-litigation injunctions is very strong, and almost all patentees hope that Through pre-litigation injunction, the infringer can stop the infringement before litigation.
To apply for a pre-litigation injunction, two conditions must be met: first, the evidence of infringement must be conclusive and clear, and the determination of infringement must also be obvious and convincing; second, there must be evidence to prove .If a pre-litigation injunction is not adopted, there will be irreparable losses, and it is difficult for most cases to meet the latter condition.
(4) Reasonably determine the amount of compensation
Article 60 of the "Patent Law" stipulates: the amount of compensation for infringement of patent rights, It shall be determined based on the losses suffered by the right holder due to the infringement or the benefits obtained by the infringer due to the infringement; if it is difficult to determine the losses suffered by the infringed party or the benefits obtained by the infringer, it shall be reasonably determined with reference to the multiple of the patent license fee.
The above is Hualu The editor has compiled relevant knowledge for you. If you have more questions, you can consult a professional lawyer on the Legal Savior Network, or directly entrust a Legal Savior Network lawyer to help you get out of your legal dilemma.
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