Case Studies Of Prior Art Defence In Patent Infringemnnt Litigation

Defense in the patent prior art defense system received extensive attention, theory of? the defense industry to discuss the prior art in the ascendant, in practice the defense of prior art more and more use. And "Patent Law" amendment to the law in the form of defense against the content of existing technology to make it clear that the defense system for the existing technology in the patent infringement dispute in the application provides a legal basis.Select three cases for this study, on which the prior art related to defense issues. Article is divided into five parts, the first part of the defense system is the introduction of prior art, focusing on prior art from the defense point of view interpretation of legal provisions to explain the meaning of the existing defense and defense technology scope, and judicial practice the application of the comparative method, compared to the standard. This part is mainly theoretical knowledge of the sort, but for some controversial issues, the author put forward their views.The second to the fifth part is the case described, reviewed and summarized, respectively, He Weibin v. Wenzhong patent infringement case sent Maier Corp. v. United States patent infringement case, Jinpeng Co. v. Eastern States patent infringement. First introduced the merits of each case, including the fact that part of the case and court opinions. Secondly, the case appears on the defense system of the application of existing technology is reviewed, the main comparison of the court order and using different comparison standards. Finally, the case summary is part of the comparison of the existing order of defense technology, compared to the standard, compared to content summary.This paper discussed by the above, on a stir in cases of patent infringement defense of prior art to further discuss the issue, provide reference for the judicial practice.