In the patent infringement case of Oerlikon Heberlein Temco Wattwil AG v. Dong-Hong New Century Textile Machinery Company and Dong-Yi Textile Machinery Company, the appellate court of the Intellectual Property Court rendered an interim judgment on May 15, 2013 confirming that (1) Claim 1 of Plaintiff’s invention patent is valid; (2) Defendant’s accused product infringes upon the patent right of said Claim; and (3) Plaintiff is not entitled to claim any right against Defendant because Claim 11 of Plaintiff’s another patent should be revoked due to lack of inventive step. The court also indicated that the subsequent measurement of damage and the scope of the infringement exclusion will be based upon the rulings of this interim judgment. This is the first interim judgment rendered by the Intellectual Property Court since its establishment on July 1, 2008. This is a landmark decision where the court ruled on a prerequisite issue, such as the above-mentioned validity of the patent in dispute, by an interim judgment.
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The first "interim judgment" rendered by the Intellectual Property Court
Taiwan August 20 2013
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