Empirical Analysis on Damage Awards and the Burden of Proof in Patent Infringement Litigation
|關鍵字:||損害賠償;專利侵權;專利法第97條;實證研究;Damage awards;Patent infringement;Patent Act;Empirical study|
Determination of damage awards is the last part of patent litigation, and that determination would affect the shape of the Patent Act. It is because that if the court over compensate the patentee, the patentee will focus on litigation rather than invention; if the court fails to fully compensate the patentee, the inventor won’t have his invention patented, thus it will be hard to achieve the purpose of patent law, which is to promote research and protect invention. Furthermore, there is much more uncertainty in patent damage awards since the frequently amending of the Patent Act. Not only is it difficult to interpret the articles regarding damage awards, but how the parties fulfill their burden of proof and how the court accept the evidence will affect the result of damage awards. Therefore, by researching comparative laws and empirical study of cases in Taiwan, this dissertation aims to clarify difficulties the court faces and thus provide practical advices. Chapter I of this dissertation will introduce the author’s motivation for this research, and the research goal, methodology and limitation. Chapter II focus on researching and interpreting patent damage rules of U.S., Japan and Germany. Chapter III refers to patent damage rules in Taiwan, including the jurisprudence, calculation methods and the burden of proof. Chapter IV dedicates to empirical analysis of patent damages on the cases, from 1 July 2008 to 31 October 2016, adjudged by the Taiwan Intellectual Property (IP) Court and the Supreme Court, presenting the result of qualitative research conducted by analyzing the case contents from the decisions of the second instances of IP Court and Supreme Court. Finally, Chapter V will conclude the issues discovered from the empirical analysis, referring the experiences of comparative laws, providing practical advices for calculation methods and the burden of proof of patent damage rules in Taiwan. This dissertation advises that the burden of proof of Real Lost Approach and Differentiated Amount Approach can be reduced. When raising Profit Approach, the patentee has to prove reasonable profit, and it’s the infringer’s burden to prove the cost. The Industry Standard of Margins can also be considered as supplementary evidence. When raising Reasonable Royalty, the court can adjust the amount of royalty considering the changes after the infringement. Obligation of documentary submission and rules of court’s discretion should also be used appropriately in the suit. By presenting these advices, this dissertation aims to promote the predictability of court judgement, balance the benefits of both parties, and let patent damage rules reflect the purpose of the Patent Act, thus promote the development of Patent Act in Taiwan.
|Appears in Collections:||Thesis|