Patent infringement disputes need to be re-appraised in the process of court hearing. How should the court handle them?
In a patent infringement dispute, it is found that it needs to be re-appraised. There are two situations here. First, the parties themselves feel it is necessary to re-evaluate. If either party thinks that the appraisal result is wrong, it can apply to the people's court for re-appraisal! When one party requests re-appraisal, the people's court shall first seek the opinions of the other party. If the other party has any objection, the people's court may decide whether it is necessary to re-evaluate the case according to the circumstances of the case. If the court thinks that the case is very clear, it can rule to reject the request for re-appraisal! If the other party agrees to re-appraise, the people's court will generally agree to re-appraise, but some courts think that the case is very clear and may rule to reject the request of the parties for re-appraisal! The initiative is in the hands of the court! Another situation is that the court itself has objections to the appraisal results and thinks that the appraisal results may be wrong, then the people's court will also entrust the judicial appraisal institution of intellectual property rights designated by the court to re-appraise! Before entrusting the re-appraisal, you may or may not ask for the opinions of both parties! Everything depends on the court itself! However, if re-appraisal is needed, the people's court will entrust and accept it according to the relevant procedures of entrusted appraisal and the relevant provisions and laws of judicial appraisal! If you want to know more about the specific procedures and related rules entrusted by the court, you can download and inquire online from the judicial expertise network and the people's court! We should also pay attention to judicial expertise networks and court websites around the country. Different places may have different programs! Please pay attention to the distinction!