Discussion on Doctrine of Patent Exhaustion from Quanta Computer v. LG Electronics Case
| Autor: | Chung-Chi Wang, 王鍾齊 |
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| Rok vydání: | 2009 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 97 Doctrine of patent exhaustion is the defense that is always brought up in patent infringement litigation internationally. For the well-known patent exhaustion case in U.S., Quanta Computer Inc. v. LG Electronics Inc, U.S. Supreme Court rescinded the decision from Court of Appeals for the Federal Circuit with 9-0 no objection on June 9th, 2008 after many years of litigation; Justice Thomas changed the original sentence and so the appellant, Quanta Computer, won the lawsuit, he also re-clarified the exercise of doctrine of patent exhaustion on authorization practice. Regardless of using OEM, ODM or OBM to carry out foreign business, U.S. is the major market of the sub-contractors of technology industry in Taiwan; thus, clarifying how doctrine of patent exhaustion is being explained and applied to the patent system in U.S. is significant to the sub-contractors of technology industry in Taiwan. In the light of this significant sentence, this paper would like to regard the sentence of Quanta Computer v. LG Electronics case as the key point of this study, namely comparing the positions of two companies through the review of Quanta Computer v. LG Electronics case. And then, the application of patent with/without doctrine of patent exhaustion and whether the authorized item with incomplete practical patent is applicable to the doctrine of patent exhaustion would be discussed. Next, whether the patent assignee could rely on the restrictions from contract clause to exclude the application of doctrine of patent exhaustion would also be discussed. Lastly, explanation and analysis would be carried out in the light of law side and strategy side. For the law side, the influences of the sentences to the three main issues in Quanta Computer v. LG Electronics case towards the patent law in Taiwan would be compared, and the suggestions for the amendment of the active patent law would be proposed. For the strategy side, the possible change of authorization framework that the sentence of Quanta Computer v. LG Electronics case might cause would be discussed, and then the relevant corresponding strategies for the sub-contractors of technology industry in Taiwan to confront the patent assignees would be drawn up. Hopefully, a theoretical basis with sufficient opposition could be provided when the sub-contractors of technology industry in Taiwan need to confront the patent infringement accusation in the future. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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