Analysis Of The Case Of The Jinguanjia V.haohe Company And Other Defendants For Utility Model Patent Infringement

As the core link of patent judicial protection,the judgment of patent infringement is directly related to the determination of the basic facts of the case.Although our country has introduced the concepts of " prosecution history estoppel" "dedication rule" and "doctrine of equivalent" through legislation,the relevant provisions are too abstract and lack detailed rules to guide practice,resulting in inconsistent judgment standards,which is not conducive to the judicial protection of patents.In the case of Jinguanjia v.Haohe Company etc.for Utility Model Patent Infringement,the parties engaged in debate heatedly on topics such as "whether the product involved in the case constitutes a patent infringing product" "who shall bear the liability for infringement" and "how to determine the amount of compensation for infringement".In the case,the first-instance and second-instance courts made different judgments for the same fact.Through the research and analysis of this case,certain breakthroughs have been made in optimizing the trial thinking.The first step in finding patent infringement is to define the scope of protection of the patent right through interpreting patent claims.For the procedure of interpreting patent claims,semantic interpretation and technical feature ratio shuold carry out simultaneously,and “the principle of consistency of technical terms ” could be used to define the connotation and extension of technical features.The " dedication rule" and the "prosecution history estoppel" can be used to limit the scope of patent protection as a method of interpreting patent claims in a broad sense.In finding equivalent infringement,substantive standard should be applied,and "engineered implementation" shuold not be used for distinguishing "technical means".To find the subject responsible for patent infringement,the manufacturer of a patent-infringing product cannot be determined solely on the basis of the company name,address,trademark and other information marked on the pro duct,it should be combined with the facts of sales and promised sales,as well as the business scope,corporate affiliation and other facts to reach the standard of "high probability",and comprehensively identify the responsible subject.Regarding the calculation of the amount of compensation for patent infringement,it is determined in turn according to the actual loss of the right holder,the benefit obtained by the infringer,the patent license fee,and the statutory compensation.The key to judging th e defense of the legitimate source of compensation liability is to confirm whether the infringer knows that the product it sells is an infringing product.The role of statutory compensation is to exert the necessary legal deterrent force on the infringer.I n determining the amount of statutory compensation,for similar cases that have taken effect in the past,the amount of compensation should be the same to ensure uniform adjudication standards and judicial credibility.