Case Study:Liability for Counter-Damages against Misuse of Patent Infringement Litigation

• 出 处: 中国专利与商标
• 发表日期: 2008年02期
• 关键词: Patent damages patent request Intermediate truly bamboo granted Hangzhou authori

Misuse of patent infringement litigation refers to an act of right abuse by a patentee to sue a non-authorised user for infringement of his patent right when he knows or has the reason to know that his patent right is not truly patentable,it is a fake patent right and legitimate only in form.A patentee’s patent infringement litigation is an action brought in bad faith when he knows that the patent in suit is fake;his patent in- fringement litigation instituted when he should know but does

Misuse of patent infringement litigation referring to an act of right abuse by a patentee to sue a non-authorized user for infringement of his patent right when knows or his the reason to know that his patent right is not truly patentable, it is a fake patent right and legitimate only in form. A patentee’s patent infringement litigation is an action brought in bad faith when he knows that the patent in suit is fake; his patent in- fringement litigation instituted when he should know but does