THE COMPETENCE OF EVIDENCE AND THE BURDEN OF PROOF IN PATENT INFRIGEMENT LITIGATION IN U. S. A.

• Main Authors: Jui-chin,Chiang, 蔣瑞琴
• Other Authors: Shang –Jyh Liu
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/64340666123542568127

碩士 === 國立交通大學 === 管理學院碩士在職專班科技法律組 === 94 === ABSTRACT Following the expansion of the scale of the knowledge-based economy, companies now attach great importance to protecting their intellectual property, and patent infringement litigations are happening with increasing frequency. The primary elements that make up a trial are witnesses and exhibits. Evidence is the foundation for the court to construct the facts. There is no independent rule of evidence and the burden of proof in Taiwan, generally governed by the Code of Civil Procedure and the Code of Criminal Procedure, and the rule of evidence are too contradictory, and there are different opinions about the burden of proof between courts from time to time. It is necessary to review the rule of evidence and the standard of burden of proof. Patent infringement litigation in the U. S. A. has been developed for a long time, and there are so many cases about the rule of evidence and the standard of burden of proof as considerable reference materials. This thesis proposes to introduce the rule of evidence and the standard of burden of proof of patent infringement litigation in the U. S. A. as the reference materials when we review the rule of evidence and the standard of burden of proof in Taiwan. The jurisdiction of patent infringement litigation is the federal court. The litigation is governed by the Federal Rule of Evidence. This thesis introduces the competency of evidence, including the topics of Relevance, the Hearsay Rule, Requirement of Authentication or Identification and the Original Writing Rule. This thesis also introduces the precedent about the evidence of patent infringement litigation, attempting to show how the rule applies in real cases. This thesis sums up the evidence that is always used in patent infringement litigation and dears some considerations that arise in connection with the evidence, attempting to show the real situation of patent infringement litigation. Also, this thesis introduces some arguments that often arise in patent infringement litigation, including the issues on which the patent owner bears the burden of proof such as ownership, infringement, the amount of damage and willful infringement, and the issues on which the accused infringer bears the burden of proof such as invalid patents, repair, license and implied license, inequitable conduct, laches, and estoppel. The reader of this thesis will find out the arguments that often arise in patent infringement litigation, the burden of proof of each issue and the standard. Finally, we integrate the above issues and provide some suggestions in the conclusion of this thesis.