Chen Qitong: Analysis of Patent Dispute Response Strategies

LED company has established itself in the global LED market, and the LED manufacturer with basic patents has also cut the patent knife to the cross-strait company. Recently, cross-strait companies involved in LED litigation are: Osram in Germany accused Kinbright, Nichia in Japan accused Jingyuan Optoelectronics, Philips Lumi leds filed 337 patent litigation in the United States USITC Optoelectronics, Nichia, in Taiwan, sued Yiguang for patent infringement, and retired Columbia University professor Rothschild filed 337 patent litigations at USITC.
Dr. Chen Qitong believes that patents are a non-negligible link for technology companies. If they are slightly careless, they may be indemnified. Even if they are expelled from the city, they have basic patent technology companies. They are also used to use patents as a commercial means to exclude dissidents. Therefore, in the event of a patent dispute, the cross-strait LED company should always remember that the purpose of the patent is to achieve a specific commercial purpose, and the patent is only a means to achieve commercial purposes. Therefore, in the case of patent disputes, it is absolutely impossible to forget that the ultimate purpose of the patent is to achieve a specific commercial purpose.
In the report, Dr. Chen Qitong conducted an in-depth analysis of the patent disputes. He believed that “knowing oneself and knowing oneself” was the top priority. As Sun Tzu’s Art of War says: “Knowing oneself and knowing oneself, there is no war.” Only by understanding the opponent and its own strength can we develop a good response strategy.
1. Understand the opponent: First, you need to understand the type of opponent to develop different response strategies for different opponents.
2. Understand yourself: First, you need to understand why you are involved in patent disputes, and understand your company's financial resources, market share, market position, customer relationships, research and development capabilities, Patent Portfolio, patent war history (reconciliation history).
In addition, Dr. Chen Qitong introduced three ways to resolve patent disputes:
1. Obtain authorization: pay the authorization fee.
2. Litigation: It is possible to pay high legal fees and high compensation fees. In the United States, for example, a loser may be required to pay (1) a reasonable premium + interest and fees, or (2) a patent attorney Lost Profit + interest and fees. In the case of Willful Infringement or extreme infringement, the court may increase the compensation by a factor of three. In addition, the court may award the attorney's fee to the loser in accordance with US Patent Law 35 USC 285.
3. Stopping behavior: If the assessment is authorized and the litigation is not cost, the company may consider stopping manufacturing, use, sales, etc. As a result, market benefits, cost of design, or alternative cost will be lost.
Finally, Dr. Chen said that the LED patent disputes are generally in the United States, China, Taiwan, Japan, Korea, Europe and other regions. The legal systems in these areas can be broadly divided into the Anglo-American legal system and the civil law system, each with different litigation methods. The following litigation tools should be used in litigation: customs protection; injunctions, exclusion orders; litigation preservation, evidence preservation, false seizure, false disposition; and secret maintenance orders.

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