American transnational patent litigation

Section 337 deals with the infringement of intellectual property rights by foreigners in the United States. In the United States, patent infringement can first apply to the court for a temporary injunction to prevent further losses before the verdict comes out. During the litigation, the plaintiff may request the infringer to compensate for the infringement losses, attorney fees, etc. , and may require the destruction of all infringing goods. At the same time, the court may impose a fine on the infringer according to the circumstances of infringement.

The specific provisions are as follows:

Article 283 prohibits

When several courts have jurisdiction over this part of the litigation, they can issue an injunction according to the principle of equity to prevent the courts from infringing any rights obtained by the patent certificate on conditions that they think are reasonable.

Article 284 Compensation for damages

After making a ruling in favor of the claimant, the court shall award the claimant compensation sufficient to compensate for the infringement, and in any case, it shall not be less than the reasonable royalties of the infringer for using the invention, as well as the interest and litigation costs determined by the court.

When the jury has not decided on damages, the court should evaluate it. Whether it is decided by the jury or the court, the court can increase the amount of damages to three times the amount originally decided or assessed.

The court can accept the testimony of experts to help decide reasonable damages or royalties in this case.

Article 285 Attorney's fees

Under special circumstances, the court may also order the plaintiff to pay reasonable attorney fees.