Analysis Of The Case On Xie Weng Wu V.S. Haier Communication Ltd. Patent Infringement Disputes

The patent system compares in our country's implementation time and the western nation relatively short.However,with the new technology and the information inrushes unceasingly,as well as our independent research and development ability promotes constantly,enhancing the treatment dynamicsupon infringement of intellectual property rights and so on the patent rights is necessary.But in the judicial practice,determining the patent infringement is a difficulty. Determining the infringement of the patent right is the core of the Patent Law.In practice,to determine an action to amount to an infringement of the patent right would refer to some complex provisions of law and technology,so how to determine an infringement of the patent right becomes an important problem in the lawsuit of patent infringement. Nowadays,some principles concerning patent trials have been introduced and applied in patent cases in our country,for example,the principle of prosecution historyestoppel,the principle of equivalent and so on. This dissertation is focus on some special doctrines such as doctrine of equivalent,Inferior invention and doctrine of estoppel related to the patent infringement determination by means of theory and cases analysis.This paper consists of four parts and the main contents are as follows:The first part gives a brief introduction of the basic content of the case and sets out the relevant legal issues involved in this case.The second part is application of doctrine of equivalent.In this part,the application requirements,the standard,the method of doctrine of equivalent have been respresented and analyzed carefully.The third part is about the issue on inferior invention. By comparing the attitudes of countries to the inferior invention and combined with the attitude of our country,come to our country should apply the doctrine of equivalents in the field of inferior invention,but the doctrine should be strictly controlled.The fourth part is limitation of the doctrine of equivalent.This part gives a careful discussion about the meaning of the prosecution history estoppels,the application of the prosecution history estoppels and the relationship of the prosecution history estoppels with the doctrine of equivalent.