The Legal Analysis On A Series Of Patent Infringement Case

This article is about apatent infringement case law analysis, including the Epson v. case of Nasdaq, Cisco v. Huawei case, Japan v. Beijing wangsheng pharmaceutical companies。first of all, Determined by concept of the patent, and properties of their legal interpretation. analysis the scope of patent protection, determine the scope of patent protection in the judicial practice。Try to build the theory of a judgment of patent infringement, that the four elements of the theory of patent infringement, including the validity of the patent, patent infringement, the tortfeasor’s fault, tort and a causal relationship between the fact that these four aspects. Patent infringement constitutes a theory, I draw on the illegality of the German and Japanese Criminal Ground for Elimination theory, be applied to patent infringement into the theory, making the original infringement decision theory more rigorous, the integrity of the theory has also been strengthened; then describes the specific methods of analysis of patent infringement in the judicial process characteristics of, and finally the method of tort liabilities.