01-14

2025

Research on the Determination of Reasonable Compensation During the Patent Provisional Protection Period

Preface:This article explores the determination of reasonable compensation during the patent provisional protection period from three perspectives. First, it compares the recognition of reasonable compensation and damages at the legislative and regulatory level. Second, it briefly analyzes the legal nature of the right to claim reasonable compensation from a jurisprudential foundation. Third, it examines the judicial logic applied by courts in determining reasonable compensation based on judicial practice.The author argues that the determination of reasonable compensation should be independent and distinct from damages. However, given the inherent challenges in quantifying compensation in intellectual property cases and the lack of clear guidelines in existing laws and regulations regarding the standards for determining reasonable compensation, the practice of courts basing such determinations on damages provisions is likely to persist in the long term.

04-22

2024

Research on the system of tort profit compensation in the litigation of non patent implementation subject

Based on the legal basis of infringement profit compensation, the author will discuss the application of the calculation method of infringement profit in patent infringement cases by analyzing the views of domestic scholars and drawing on the relevant experience of foreign countries.

04-22

2024

Optis v. Apple-New Changes in UK Courts Handling Standard Necessary Patent Disputes

In recent years, with the rapid development of communication technology and 3C market, cross-border lawsuits related to standard essential patents (Standard Essential Patent, hereinafter referred to as "SEP") in the field of communication are frequently staged among major technology companies and non-patent implementing entities (Non-Practicing Entity, hereinafter referred to as "NPE"). Taking into account the market size, market share, convenience of judicial procedures and the tendency of court decisions and other dimensions, which national jurisdictions are selected as litigation battlefields, and how to construct litigation strategies and scenarios between different national jurisdictions have gradually formed a set of effective practices among the main participants in the above litigation.

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