There are several problems to be pointed out:
1. If your patent is ABCD, the patent that the other party applied for earlier is ABC;
In this case, your patent belongs to a subordinate patent. When granting a patent, you can get a patent as long as you make improvements on the basis of the previous patent and the improvements meet the requirements of novelty, creativity and practicality.
But in this case, once you manufacture, use, sell, promise to sell or import the patented product (ABCD), you will definitely infringe the patent (ABC) of the other party; As the "patent egg" answered, the right to enforce can be obtained through compulsory license, but there is no case of compulsory license since the implementation of the patent law in China, and the reasons are not detailed. The most reasonable way is to cross-license each other.
2. The principle adopted in China's patent infringement litigation is the principle of compensation, that is to say, how much the patentee loses and how much the infringer compensates (of course, the amount must be supported by relevant evidence). There is no so-called malicious infringement in China, which is different from that in the United States. Once the patentee finds malicious infringement, there will be several times of punitive damages.