1. Factory A has obtained the patent right in May 2008. From the day Factory A obtained the patent right, Factory B’s actions began to infringe Factory A’s patent right.
2. Because Factory B has developed, manufactured and sold the patent before Factory A obtained the patent, Factory B has the right of prior use and will not be liable for infringement compensation in the lawsuit. Production and sales will continue within the scope, but in actual circumstances, Factory B's products are already in a passive position in the market, and it is no longer practical to expand production and occupy the market.
3. Factory A obtained the patent in May 2008. In early 2008, Factory A discovered the sales behavior of Factory B. I don’t know whether the “beginning of the year” here is before “May”. If it is before, that means it was not before. When obtaining the patent, it warned Factory B that its actions would infringe Factory A's rights. At this time, Factory B could ask a lawyer to make a non-infringement appraisal, so that even if there was a lawsuit in the future, Factory B would not be liable for compensation for the expanded production part.
4. In addition, Factory B’s switch has not applied for a patent. Are there other manufacturers that can produce the same switch for sale? Does this mean that the technology for producing this switch is already an existing technology in this field? Can skilled technicians combine existing technology and common knowledge to produce the same product? If this is the case, if Factory A sues Factory B for infringement, Factory B can apply to the Patent Reexamination Board to declare A’s utility model patent invalid. Generally, in this case, as long as the product is not only a cutting-edge product of Factory A, there is a possibility of invalidation. It is relatively large, but the current invalidation case takes too long. Although the review guidelines have provisions on the extension of suspension, there are no provisions on the number of suspensions. Therefore, the other party can find various reasons to file an unlimited number of suspensions. Therefore, without detailed Don’t act rashly before researching and analyzing all aspects of Factory A in detail.