The Analysis On A Case Of Patent Infringement Between The Zhongyu Inc. And Nine Eagles Inc.

With the rising economic strength, China is facing patent infringement casesmore and more, especially in international patent infringement litigation. In order tointegrate with the world better, we gradually improve the patent system through theway of learning and introduction, such as the doctrine of equivalents, prosecutionhistory estoppel, donated principles. However, from the perspective of social contracttheory, the right that transferred by people, has a balance as excessively applyingdoctrine of equivalent clearly is contrary to protect the public interest, and notconducive to the promotion of innovation. The Zhongyu Inc. v. Nine Eagles in patentinfringement case, identified on the basis of equivalent, uses existing technology andprosecution history estoppel to defense against equivalent infringement. Based onexpert conclusions, Court of First Instance judged the prior art defense wasestablished. The second trial to bypass the prior art defense, and initiative applies theprinciple of estoppel that does not constitute equivalent infringement. Retrial courtdenied the correctness of the expert conclusions, judged the prior art defense wasunestablished and considered that the case of "passive" Modify does not applyestoppel, and ultimately judged constitute equivalent infringement. With empiricalanalysis of the above case, for the prior art defense in our country， clear of a"comprehensive technical features" contrast mode and "substantial differences"contrast standard, and the prosecution history estoppel using "active+directlyapplicable" and "passive+strict application" standard. In terms of creativity is notdeep enough, but with a certain breakthrough in the following areas: First, used the"obvious" standard of patent creative judgment for reference to the compare ofequivalent and compare of the prior art defense, and summed more specific way ofcontrast, so that the above comparisons have more operational; Second, recommendcourt when found flaws patent in patent infringement cases, initiative to inform thePatent Re-examination Board, to improve patent quality. Those patent qualityproblems are caused by the reason that judgement of patent infringement and patentinvalid have different subject; Third, on the application of estoppels, and combinedwith the particularity of the case, identify estoppel applies different standards, whenunder the "active modifications, give up" and "passive modifications, give up"conditions; Fourth, combining the dedication rule,"deliberately excluded" rule, summed up a relatively complete system of limiting the doctrine of equivalents; Fifth,from the perspective of patent drafting, briefly address the limitations applicableunder the trend of the doctrine of equivalents which patent drafting should payattention to. In a word, there is a certain significance in the judicial, legislative andsocial value.