Analysis Of The Case Of Eli Lilly Company V. Huasheng Pharmaceutical Co.,Ltd. Infringement Of Invention Patent Rights

Patent infringement has always been a key issue in the field of intellectual property,and drug patent infringement has become a difficult problem because of the particularity of drugs.In drug patent infringement,due to the complexity of drug patents and the fact that cases often involve huge amounts of compensation,cases of drug patent infringement usually last long and have a significant impact.At the same time,with the increasing awareness of the public's intellectual property rights and the rapid development of the pharmaceutical industry,the case of prosecution based on patent infringement of drugs has shown a rapid growth trend.In the patent infringement of pharmaceuticals,the equivalent pri nciple in the patent law is often used to judge whether it constitutes infringement.However,because our country's law does not expressly stipulate the principle of equality,and because of the complexity of judging the principle of equivalence,there are often differences in the refereeing of such cases in judicial practice.In this context,it is necessary to select typical drug patent infringement cases for analysis and summary.The case of Eli Lilly and Company v.Changzhou Huasheng Pharmaceutical Co.,Ltd.infringement of invention patent rights was a guiding case issued by the Supre me People's Court in 2017.In this case,the Supreme People's Court passed the principle of equivalence to judge whether the accused infringer infringed the patent in question..In the case,the defendant's evidence of the case resulted in two separate lawsuits for more than a decade and two judgments in the second lawsuit.First,since this case is a patent infringement case,a special inversion burden of proof is applied.The burden of proof should be analyzed from the perspective of infringement of new products and manufacturing methods.Second,the scope of protection of patent rights involved should be based on patent claims.China's patent law and the provisions of the interpretation of the Supreme Court are combined with the principle of comprehensive coverage.Then it is the focus of the case,that is,to judge whether the infringed person in the case has infringed the patent right involved,and combine the principle of equivalence,and conclude that the alternative type of inferior behavior can constitute the equivalent infringement.Finally,patent infringement generally involves the issue of patent infringement compensation.Although there are express provisions in this law in China,it can be derived from the infringement loss and actual income.The license fee and the reasonable fee are judged in various aspects.However,since the patent application right in this case should not be extended to the product,the case shall be determined by the court at its discretion.