U.s. Patent Confirm The Complaint Proceedings Element Theory

In the international intellectual property litigation, U.S. patent litigation is the most typical example. Understanding the U.S. patent lawsuit accused defense, especially confirm no infringement proceedings, will help to safeguard the interests of Chinese Enterprises.This paper aims to do a comprehensively and deeply research and studies on the United States patent litigation to confirm lawsuit legal requirement, and on this basis puts forward how to construct and perfect our patent confirmed lawsuit system. Such study and research meets the exact need of theoretical research in judicial practice.The article consists of four parts:Firstly, the paper reviews U.S. patent confirmed lawsuit system. This chapter introduces the American patent confirm the litigant history and legal basis; Mentions the litigant way patent confirm with effect; Litigation document content and writing way forward.The second part is the legal requirement of the United States patent confirmed lawsuit. U.S. patent confirmed lawsuit legal elements mainly experience since appeared two periods:(1) the U.S. court judgment on whether or not to accept the confirmed lawsuit, must exist in fact dispute requirement. In 2007, a federal appeals court on before judgment on whether or not to accept the confirmed lawsuit, based on two requisites judgment. (2) Immune, Inc. In Med j n, Genentech Inc, after the case, the United States' make a decision that to confirm a lawsuit case shall be fair measure both court said all the status and the objective environment facts, prudent judgment accepts confirmed lawsuit, expanded the scope of accepting confirmed lawsuit.Part three introduces two particular lawsuit legal requirement of confirm the litigant. Mandatory countersuit filed with the confirmation of the holder of the lawsuit.Finally, the reference and enlightenment of U.S. patent confirmed lawsuit legal requirement for China's system of patent litigation system. Regardless of the past, present, and future legal relation and legal basic facts, as long as the appeal with the interests of the interests of confirmation, namely the plaintiff "legal basis by the laws of that decision on interest", allowing mention confirmed lawsuit. Court confirmed lawsuit should weigh the "the plaintiff to protect its legal status for prosecution of necessary" and "the defendant in litigation rights", the defense on fair measure both parties interest.