If the company's own products really infringe the patent rights of others, the company itself should first take the initiative to find commercial solutions. Patent litigation is a time-consuming and labor-intensive matter, and the fundamental purpose of patent litigation lies in the division of market and interests. When an enterprise receives the threat of litigation, it can take the initiative to provide business solutions, buy patents or request permission.
(two) strive for the time to respond to the lawsuit according to law.
If negotiation fails, as the defendant, the enterprise can use the following legal procedures to gain more time for itself to prepare for responding to the lawsuit.
(1) Jurisdiction objection will play the role of prolonging the time limit for presenting evidence and delaying the trial, thus gaining time for the defendant.
(2) If it is a utility model or appearance, a request for invalidation of the patent may be filed.
(3) Initiating another case of unfair competition due to malicious litigation.
If the plaintiff uses the lawsuit to create negative news of the accused infringer, which affects the important customers of the accused infringer, or the plaintiff deliberately brings a lawsuit knowing that the patent right is invalid in order to achieve his own business purpose, the accused infringer may consider suing the patentee for abuse of rights in another case, which constitutes unfair competition. Unfair competition litigation can curb the excessive speculation of patentees in patent infringement litigation and protect their legitimate rights and interests.
(4) the way of infringement defense
The first is to limit the scope of patent protection. Enterprises should use the patent examination files, the specific description made by the patentee in the patent invalidation procedure, and the defects in the patent text to limit the scope of the claim, prevent the patentee from expanding the application of interpretation and equivalent infringement, and prepare for the subsequent defense.
Non-infringement defense is the primary consideration of defense. Non-infringement defense is to look for different or lacking technical features from the technical scheme of the patent involved, and explain that the difference or lack of technical features is the substantive difference between the accused infringing technology and the patent claim, so as to prevent the patentee from expanding the interpretation or requesting the application of the principle of equivalent infringement in order to make the patent claim cover the accused infringing technology.
When the non-infringement defense fails, the next step is to consider using the existing technology defense. The most ideal defense of the existing technology is to find a copy of the existing technology covering all the features of the alleged infringing technology. If you can't find it, you can also try to submit a combination of existing technology and common sense, or even a combination of multiple existing technologies. However, the more existing technologies cited, the lower the possibility of being accepted by the court, and the more difficult it is to prove to the court that the alleged infringing technology is not substantially different from an existing technology. ..
Finally, the preemptive right is used as a defense. Because the effect of preemptive right is limited, even if it is established, the accused infringer will be limited to the original scope in the future. However, the proof difficulty of prior right defense is less than that of prior technology defense, and the accused infringer only needs to prove that it has been manufactured or used before the application date, without proving that such manufacture or use led to the disclosure of the technology. In the case that the first two defense strategies may not be established, enterprises can take preemptive defense in order to protect themselves.