Research on the Application of Permanent Injunctions in American Patent Cases and Its Inspiration to China
|School||East China University of Political Science|
|Keywords||Patent litigation Permanent injunction Cessation of the infringement Automatically issued rules Four - factor test Patent fisherman|
Proceed from eBay case, the United States Court of comparing before and after the eBay case different standards applicable to a permanent injunction in patent litigation, and analysis of the United States to improve the background of the applicable standards of the permanent injunction in patent litigation, the underlying causes as well as from the final judgment of the eBay case revealed U.S. patent protection trend. On this basis, the further integration of the characteristics of our existing patent system, and the new results of the third revision of the Patent Law, and to make some suggestions and ideas on the perfect stop our patent litigation against civil liability applicable. The article is divided into three parts of the Introduction, body, conclusion. The introductory part of the description of the purpose of this article was written, hope that the permanent injunction application of U.S. patent litigation, summarize and make some suggestions to improve our patent litigation to stop the infringement of civil liability applicable. Body part consists of four chapters: the first chapter, permanent injunctions in patent litigation in the United States. The chapter is an overview of a permanent injunction equitable relief, and traditional civil action in the United States issued a permanent injunction applies \rules. \Automatically issuing rules automatically issuing rules \I introduce a few typical cases of the \The second chapter, eBay case with a permanent ban. This chapter describes the the eBay case of the final change decades of U.S. patent litigation permanent ban applies standard. Judgment of the eBay case, the Supreme Court of the United States to re-establish the \The author further analysis and outlook of a series of new problems encountered in the process of hearing patent litigation in U.S. District Court in eBay ruling. Chapter from eBay case to see the trend of the U.S. patent protection. This chapter through the introduction eBay case, the United States Court for the patentee to demand the issuance of a series of decisions which have been made permanent ban sue Analysis tendency of U.S. patent litigation applies to a permanent ban from the inductive improve permanent injunction in patent litigation with applicable standards background and its underlying causes. The fourth chapter, the perfect stop our patent litigation against civil liability applicable. Permanent injunction is essentially similar to the cessation of the infringement on the civil liability of law. Cessation of the infringement of the civil liability of course there judicial practice in patent litigation in China, I analyze the reasons for this phenomenon, and the combination of U.S. patent litigation case on eBay summary judicial precedents as well as China's Patent Law \Finally, the concluding part of the article summarized.