The Recent Development of Court Cases and Coping Strategy of Contributory Patent Infringement in U.S

• Main Authors: Lin, YuanYi, 林原毅
• Other Authors: Liu ShangJyh
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/22180172741035960020

碩士 === 國立交通大學 === 管理學院科技法律學程 === 100 === Patent right is the most important subject for industrial development and competition. The monopoly right of patentee not only can make competitors pay higher cost in R&D, but also waste more time to enter the market. Patent infringement has become an effective mechanism for companies to battle business rivals and conquer markets. Consequently, patent infringement has already become an uncertain risk in business operations. 　 Courts have often noted that the doctrine of contributory infringement plays a crucial role in protecting process patents. The doctrine provides an effective mechanism for a patentee to shut down a single party who aides many to infringe a process patent by supplying material to practice the process, but cannot be held accountable as a direct infringer since it does not practice the process. The patent indirect infringement system stems from the USA. The patent infringement can be separated into two parts, one is direct infringement and the other is indirect infringement. The indirect infringement also can be separated into induced infringement and contributory infringement which is defined respectively in the Article 271 item b and item c of USA United States Code Title 35. This study mainly focus on analysis of recent U.S Court Judgments about contributory patent infringement, This study not only collates and summarizes the legal elements and legal opinion from U.S courts, but also makes a detailed comparison and analysis between their Similarities and Differences. Without knowing the contributory infringement, Taiwan industry may not avoid the risk of patent infringement liability claimed by the patent owner. It is hoped that the relevant corresponding strategies and a practical basis with sufficient opposition could be provided when Taiwan industry need to confront the contributory patent infringement litigation in the future and also mitigate the impact brought by contributory infringement so as to reduce the huge lost incurred by the contributory infringement litigation. This study will also provide several suggestions and references with regard to management and strategy for Taiwan industry in managing business operations.