美国专利诉讼程序

1、u.s. patent litigation procedure and (b) grant a motion for judgment as a matter of law against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue. (2) motion. a motion for judgment as a matter of law may be made

2、 at any time before the case is submitted to the jury. the motion must specify the judgment sought and the law and facts that entitle the movant to the judgment. 46 motions for jmol and new trial 依法律判依法律判決和新庭审的动议決和新庭审的动议 federal rules of civil procedure rule 50: (b) renewing the motion after trial;

3、alternative motion for a new trial. if the court does not grant a motion for judgment as a matter of law made under rule 50(a), the court is considered to have submitted the action to the jury subject to the courts later deciding the legal questions raised by the motion. no later than 28 days after

4、the entry of judgmentor if the motion addresses a jury issue not decided by a verdict, no later than 28 days after the jury was dischargedthe movant may file a renewed motion for judgment as a matter of law and may include an alternative or joint request for a new trial under rule 59. in ruling on t

5、he renewed motion, the court may: (1) allow judgment on the verdict, if the jury returned a verdict; (2) order a new trial; or (3) direct the entry of judgment as a matter of law. 47 damages 损害赔偿损害赔偿 supplemental damages infringement occurring between the date of the jurys verdict and the date of th

6、e judgment prejudgment interest enhancing damages35 u.s.c. 284 whether treble the compensatory damages attorneys fees35 u.s.c. 285 whether a partys conduct is exceptional and whether attorneys fees should be awarded 48 the permanent injunction standard （永久禁令的要求） irreparable injury （不可弥补损失） inadequac

7、y of remedies at law （法律救济不足） balance of hardships in favor of the party seeking injunction （双方困难的平衡） public interest （公众利益） permanent injunctions 永久禁令永久禁令 49 final judgment post-judgment proceedings pre-litigation investigation appeal to the federal circuit 联邦巡回上诉法院上诉联邦巡回上诉法院上诉 appeal trial markman

8、 hearing reply complaint discovery pre-trial motions 50 shaobin zhu focuses his practice on patent litigation in u.s. district courts; section 337 investigations at the u.s. international trade commission (itc); and client counseling and patent prosecution, with an emphasis on computer software, internet technologies, videogames, telecommunications, video processing, leds, and electronic technology 朱朱韶斌韶斌律师来自飞翰上海办公室，执业领域包括美 国联邦地区法院诉讼、美国国际贸易委员会（itc） 337条款调查、客户咨询、以及专利申请，重点领域 包括计算机软件、互联网技术、电子游戏、电信、 多媒体图像处理、发光二极管、和电子技术 quest