In China, a patent owner’s statements made during prosecution or invalidation may give rise to prosecution history estoppel (or prosecution disclaimer), which precludes the patent owner from recapturing subject matter that was relinquished during prosecution or invalidation in subsequent infringement actions. To invoke the doctrine of prosecution disclaimer, such statements must constitute a clear and…
In China, judges handling patent litigations often experience difficulties in claim construction and infringement determination due to the lack of technical backgrounds. Although forensic appraisals were then widely adopted to help judges identify professional facts, some downsides were observed in the technical appraisal system. As for the expert auxiliary system, it is playing a more…
One of the most controversial issues relating to Standard-Essential Patent (“SEP”) is to determine whether injunctive relief is available to SEP holders. Undoubtedly, in negotiation with a standard implementer, injunction is the most powerful weapon for an SEP holder, and will exert significant influence on the final license terms. Consequently, the court’s attitude towards SEP…
