Hello, in the case of Halo Electronics Company v. Pulse Electronics Company, the United States Supreme Court unanimously overturned the joint trial judgment of the Federal Circuit Court of Appeals. This means that the Supreme Court of the United States will return the discretion of whether it constitutes intentional infringement to the local court, which will judge whether it is necessary to punish the infringer with three times punitive damages; Only when the local court abuses its discretion can the Federal Circuit Court of Appeals overturn the original judgment.
In the process of the fourth revision of China's Patent Law, it is planned to increase the relevant provisions on intentional infringement of patent rights and the punishment of triple punitive damages. The judicial evolution of intentional patent infringement in the United States, as well as the difficulties and dilemmas encountered, may provide a resume or reference for China.
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