The Study of Classification on Patent Decisions- The Cases From U.S CAFC

• Main Authors: Wen-Ling Hsu, 許文齡
• Other Authors: Yun Ken
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/q9hv72

博士 === 國立雲林科技大學 === 企業管理系博士班 === 102 === In the business environment of a knowledge-based economy, patents are a key factor that influences the competition and development of the high-tech industry. Taiwanese technology manufacturers, which are vital players in the global market, have been frequently accused by large foreign enterprises of patent infringement. Intellectual property lawsuits in the United States attract wide international attention because of the country’s market size and the prestige of its court opinions regarding patent lawsuits. Therefore, this study examined the types of issues involved in various litigations among U.S. patent lawsuits, and expanded complete patent decision networks to investigate key cases. This facilitates the understanding of U.S. court opinions and the preparations for relevant management practices. In addition, this study developed an analysis method by using a law database to collect 4,460 patent decisions issued by the U.S. Court of Appeals for the Federal Circuit between 1982 and 2011. Results of this study will be divided into nine categories of “Claim Construction”, “Doctrine of equivalents”, ” Obviousness”, ” Means-plus-function”, “Inequitable conduct”, “Damages”, “Novelty”, ” Abuse of discretion” and “Lack of enablement”. Following classification, the litigation issues were confirmed by U.S. Patent Law to ensure that the classification method and logic used in this study possess practical validity.