In-depth study of patented technology
For highly technical patent litigation, it is very important to study, analyze and thoroughly understand patent technology and related technologies. Patent litigation requires lawyers to understand not only the legal provisions and relevant provisions, but also the patented technology. If you don't know the law, you can't fight a lawsuit, and if you don't know the technology, you can't be competent for patent litigation. You can't just solve the related problems of patent litigation from the legal provisions, especially in determining whether a technology constitutes infringement, whether it belongs to known technology, whether it belongs to obvious technology, etc. , need to have certain technical knowledge. It is difficult to be competent in patent litigation without delving into patent technology.
Collect valid evidence
For the lawyer of the plaintiff and the patentee, the most important thing is to collect evidence of infringement. It is important to buy infringing products, but some infringing products are counterfeit products of others, and the manufacturers mentioned above are not necessarily real infringing manufacturers. Therefore, it is best to go directly to the manufacturer to buy products suspected of infringement, and take notarization for evidence collection when necessary, or obtain evidence of infringement by the way when performing other duties through the administrative department for industry and commerce or the technical supervision department. The most difficult thing for the plaintiff to obtain evidence is to obtain the quantity of the other party's production and sales, and he can request the court to take evidence preservation measures to obtain evidence in this respect. Obtaining the evidence of infringement and the amount of infringement is the key to the plaintiff's success.
For the defendant, the key is to collect all the evidence that can invalidate the plaintiff's patent, including patent documents, sales invoices, product advertisements, public use certificates, etc. Although the product invoice can be used as evidence to prove that others' patents are invalid, sometimes it is not enough to rely solely on the invoice, because the invoice does not specifically describe the shape or technical characteristics of the product. The defendant may take the initiative in the lawsuit by finding enough evidence to pose a threat to the plaintiff's patent, or finding effective evidence to prove that he used freely known technology first, which is one of the keys to winning the case.
Clever use of legal procedures
For the defendant, the most common way is to counterclaim that the patent of the other party is invalid, in order to gain time to seek other defense methods. For the plaintiff, before the lawsuit, it is best to start the invalidation procedure for his own patent, let the patent pass the test of "real trial", and then sue others for infringement. Or, before filing a lawsuit, go to the patent administrative department of the State Council to search the attributes of your own patent and issue a corresponding search report. This can avoid a lot of troubles caused by the defendant using invalid procedures. There are many legal procedures that can be applied in patent litigation, but the premise is that you must understand the basic procedures such as patent application, approval and invalidation, so that you can use them freely in litigation.