The injunctive relief in standard essential patent infringement cases.

When judging whether to order to stop the infringement by applying the provisions of Article 26 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Patent Infringement Disputes (II), we can not only consider the national interests and public interests, but also consider the nature of the patent involved, the fault of the parties involved, the right status of the patent involved, the necessity of ordering to stop the infringement conditionally, and the way to protect the interests of the patentee. For example, while ordering the implementer of the standard essential patent to stop the infringement, he can be given a reasonable grace period to modify the technical scheme, or his obligation to stop the infringement can be clarified until he actually pays enough damages or a license fee in line with the FRAND principle. . When the patent involved is an inevitable and necessary patent in the implementation of mandatory standards, it should be more prudent to order the accused infringer to bear the civil liability for stopping the infringement. More importantly, it should comprehensively consider the subjective fault degree of the parties, whether there is an imbalance of interests between the parties, whether the damages can fully compensate the losses of the patentee, and whether stopping the infringement will affect the public interest.