| Compared with traditional domain patents,Internet patents have the characteristics of simultaneous existence of multi-device system based on "cloud + Network + end" hardware and multi-step method based on software improvement.The characteristics of Internet patents have brought many new problems to Internet patent infringement litigation.Among them,the distribution of burden of proof is one of the key issues.This article will carry on a discussion on the distribution system of burden of proof in Internet patent infringement from five aspects.Chapter Ⅰ.IntroductionWith the rapid development of Internet-related industries in China,Internet-r,elated litigation in Internet-related industries is also increasing at high speed.However Some characteristics of Internet patent infringement litigation have brought challenge to the current distribution system of burden of proof.Chapter Ⅱ.Internet Patent and Evidence of Internet patent infringementThis paper introduces the concept of Internet patent and analyses the Internet patent characteristics of multi-device system and multi-step method coexisting according to concept and examples.Based on the concept and characteristics of Internet patents,the characteristics of Internet patent infringement and Internet patent infringement evidence are deduced.Chapter Ⅲ: Legislation and judicial practice on burden of proof of Internet patent infringement litigation.Firstly,the concepts of patent litigation and distribution of burden of proof are introduced,and two characteristics of Internet patent litigation are analyzed.Secondly,it introduces the general and special rules of the burden of proof in China,and analyses the legislative evolution of the inversion of the burden of proof in patent infringement litigation,from which the special principles of the burden of proof in patent infringement litigation are drawn.Finally,through the analysis of Sogou v.Baidu patent infringement case,West Telecom v.Sony patent infringement case,Akamai v.Limelight patent infringement case,it studies the domestic and foreign process mode of related issues.Chapter Ⅳ Challenges of Internet patent infringement litigation to the distribution system of burden of proof.According to the previous analysis of Internet Patent and its infringement,litigation evidence and litigation,two challenges of Internet patent infringement litigation to distribution system of burden of proof are summarized.Firstly,it is difficult to obtain the evidence of Internet patent infringement,and secondly,it is hard to distribute the burden of proof in Internet patent infringement litigation.Chapter Ⅴ: Suggestions on improving the distribution system of burden of proof in Internet patent infringement litigation.According to the predicament mentioned above and the research on judicial practice,the paper puts forward the improvement plans respectively: using the model of preliminary burden of proof and inversion of burden of proof solves the problem of difficulties in providing the proof;using the pattern of balanced interests in plaintiff’s right of cross-examination and the defendant’s business secrets;reducing the three proof requirements of "control and guidance standard" to preliminary burden of proof or the burden of proof which should be inverted solves the problems of hard distribution the burden of proof in divided infringement. |
