关键词: NPE, 专利侵权诉讼, 司法规制, 专利运营

Abstract:

In recent years, the number of NPE patent litigation has increased rapidly, with more than 90% of patent litigation initiated in the United States. As the birthplace of NPEs, the United States has always fought at the forefront of regulating NPE patent operations and has important guiding significance for the construction of relevant systems in other countries. This paper analyzes the progress of relevant judicial typical cases in the United States. It clarifies that the United States regulates NPE activities from the aspects of regulating the licensing behavior of patentees and implementers, clarifying the standards for determining patent objects, reducing the choice of litigation venues, and optimizing intellectual property litigation procedures, which provides important reference for Chinese enterprises to respond to NPE intellectual property risks.

Key words: non-practicing entities, patent infringement litigation, judicial regulation, patent operation