In patent infringement litigation, when a company is the defendant, it can adopt the following effective response strategies:
1. Timely establish a professional team
Carefully study patent documents: In the face of patent infringement allegations, a professional team composed of patent lawyers and technical personnel should be immediately formed. This team will be responsible for a comprehensive evaluation of the case, including the validity of the patent, the reasonableness of the infringement allegations, and possible defense strategies. Carefully study the plaintiff’s patent documents, clarify the scope of patent protection and technical solutions, and determine the points of dispute.
Analysis of infringement judgment criteria and comprehensive coverage principle: According to Article 7 of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Dispute Cases, if the technical features of the accused infringing technical solution are missing one or more technical features recorded in the claims, or if one or more technical features are different or not equivalent, the people’s court shall determine that it does not fall within the scope of protection of the patent right.
2. Collect non infringing evidence
Technical feature comparison: Collect evidence that does not constitute infringement of one’s own product or behavior, such as product design, production process, usage instructions, etc., to prove that there are differences between one’s product and patented technology.
Existing technology defense: If the defendant can prove that the technology or design they used was already publicly disclosed before the patent application date, they can raise an existing technology defense.
3. Filing a request for invalidation of a patent
Destroy the plaintiff’s patent foundation: submit a request to the China National Intellectual Property Administration for invalidation of the patent, requesting invalidation of the patent involved. If the patent is declared invalid, the patent infringement lawsuit will lose its basis, and the court may reject the plaintiff’s claim.
Strive for more response time: Request to suspend the lawsuit and gain more time to prepare response materials and evidence.
4. Actively participate in court hearings
Fully articulate viewpoints: During the trial, the defendant should fully articulate their viewpoints and evidence, refute the plaintiff’s claims, and safeguard their legitimate rights and interests.
5. Consider reconciliation or mediation
Avoiding litigation costs: If it is found during the litigation process that there is a possibility of reconciliation between the two parties, active negotiation with the plaintiff can be sought to resolve the dispute through settlement or mediation, avoiding the time and cost of litigation.
6. Other defense methods
Defense against the use of scientific research experiments: The use of relevant patents solely for scientific research and experimentation shall not be deemed as infringement of patent rights.
Exhaustion of Rights Defense: If the defendant can prove that the product they are using was purchased through legal channels and that the product has been first put on the market with the permission of the patent owner, they can raise an exhaustion of rights defense.
Pre use right defense: If the defendant has already used the same technology or design before the patent application date and continues to use it after the patent application date, they may raise a pre use right defense.
Legitimate source defense: If the defendant can prove that the product they are using has a legitimate source and is not aware that the product infringes on patent rights, they can raise a legitimate source defense.

Through the above strategies, the defendant can more effectively respond to patent infringement lawsuits and safeguard their legitimate rights and interests.