Chen Qitong: analysis of patent dispute coping strategies

Taiwan science and Technology Patent Law Firm lawyer Chen Qitong at this meeting, for our in-depth analysis of the patent dispute coping strategy analysis. Dr. Chen pointed out that the patent technology has become a leading company to market, exclusive weapon off. With the two sides LED, stand firm in the global LED market, with basic patent LED manufacturers will also patent Tenodera companies across the straits. LED recent cross-strait companies involved in litigation that are: OSRAM (OSRAM) in Germany against evlite Electronics (Kingbright), (Nichia) in Japan Nichia accused EPISTAR Lumileds in the United States, Philips USITC filed 337 patent litigation against the accused in Taiwan EPISTAR, Nichia billion light of patent infringement and a retired professor at the Columbia University in the United States Rothschild USITC filed 337 patent litigation.

Dr. Chen Qitong believes that the patent is a technology company can not be ignored in the link, a little careless, it may be reparations, or even expelled from the market. Have the basic patent technology companies are patent as commercial means to eliminate the market off together. Therefore, the two sides of the LED company in the event of patent disputes, should always remember that the purpose of the patent is to achieve specific business purposes, the patent is only a means to achieve business objectives. Therefore, in the case of patent disputes, we must not forget that the ultimate purpose of the patent is to achieve specific business objectives.

In the report, Dr. Chen Qitong conducted in-depth analysis of the patent dispute, he believes that "your" is the first priority. As Sun Tzu said: "friends, baizhanbudai". Only know the opponent and their own strength, to develop a good coping strategies.

1 understand the opponent: first of all, we need to understand the type of opponent for different opponents to develop different coping strategies. 2 know yourself: first of all need to know why you may enter into a patent dispute, understand their company's resources, market share, market position, customer relationship, research and development capabilities, Patent Portfolio, patent war (reconciliation authorization history).

In addition, Dr. Chen Qitong introduced three ways to resolve patent disputes:

1 authorization: payment authorization. 2 litigation: may pay high fees and high fees. In the United States, for example, the losing party may be required to pay (1) a reasonable royalty or interest and expense, or () the patent holder Lost Profit+ interest and charges. If it is Willful Infringement or extreme infringement, the court may increase the compensation to 3 times. In addition, the court may rely on the United States Patent Law 35 USC 285 judgment to pay the lawyer's fee. 3 stop action: if the assessment is authorized and litigation costs are not the same, the company may consider stopping the manufacture, use, sale and other acts. As a result, the loss of market interest, the cost of spending Design around or alternative costs.

Finally, Dr. Chen said, LED patent disputes in the United States, China, Taiwan, Japan, Korea, Europe and other regions. The legal system of these areas can be divided into common law system and continental law system. We should make good use of the following tools of litigation: customs protection, injunction, exclusion order, litigation preservation, preservation of evidence, false seizure, false punishment, and secrecy order, etc..

Source: China Semiconductor Lighting Network