First stop the infringement and mediate compensation. If mediation fails,
If the other party files a lawsuit, it can obtain the "evaluation report" of the other party's design patent with the proof of the interested party. If the stability of the "evaluation report" is extremely low, it can be used as reference evidence (indirect evidence) of non-infringement in litigation.
If the stability of the other party is high, that is, the opinions given by the examiner are positive, you can apply to the Patent Reexamination Board for "invalidation" of the design patent. After the application is invalid, you can apply for the suspension of civil proceedings, and you can get several thousand yuan of invalidity, and the agency can get 20,000-50,000 yuan. There are templates online;
The case of invalidation has been closed for almost half a year, and the invalidation has been declared, and the design patent of the other party has not existed from beginning to end, that is, the civil litigation reason is not established, and the other party withdraws the lawsuit or loses the case.
If the invalidation is rejected, it is not difficult to find another reason to continue the invalidation. If it is delayed for half a year, it is not difficult to toss for two years. You can interrupt the second trial in the middle and force the other party to mediate for four or five years.