专利侵权赔偿数额中的举证责任：侵权人可能承担怠于举证的不利后果

The Civil Final Judgment No. 725 of the Intellectual Property Court of SPC (2019) disclosed a patent infringement dispute case. In determining the amount of compensation for infringement, the Supreme People’s Court held in the second instance that the right holder had actively fulfilled the burden of proof in patent case in the litigation, and based on the evidence related to the infringement profit submitted by him and reasonable calculation, the amount of compensation claimed by the patent holder could be supported.

In a patent infringement dispute case, if the right holder has done his best to actively provide evidence for the infringement damages, and the infringement profit can be reasonably calculated based on the evidence submitted by him, and the amount of compensation claimed by him can be supported, the people’s court should support it; if the accused infringer claims that the amount should not be supported, he should submit counter-evidence sufficient to overturn the aforementioned fact of infringement profit and prove his actual infringement profit.

In the first instance of this case, the patent owner has submitted “CSRC’s official website to prove the manufacturer’s overall profitability “coaching report”, 11 notarized certificates showing the sales and inventory of the alleged infringing products on online e-commerce platforms, notarized certificates showing the introduction and sale of the alleged infringing products on the manufacturer’s website, Taobao, JD.com and other e-commerce platforms after the lawsuit, the “Patent License Contract” of the patent involved, and relevant information on the manufacturer’s bidding and tendering operations, etc.”

法院认为从这些证据的来源、可信度、时间跨度、数量等情况看，可以认定专利权人已经履行了其积极举证的义务。

在一审庭审过程中，法院曾要求侵权方提交与被诉侵权产品有关的财务报表、销售台账、利润报表等证明侵权规模的证据材料，但侵权人在一审和二审中均未提交。

Therefore, the court of first instance supported the patent owner’s request for 10 million yuan in compensation. The infringer appealed, and the Supreme Court rejected the infringer’s appeal in the second instance, believing that the infringer should bear the adverse consequences of not fulfilling the burden of proof in patent cases.

原文链接：专利侵权赔偿数额中的举证责任：侵权人可能承担怠于举证的不利后果

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