英文摘要 |
After the Aerospatiale, the American companies can directly conduct discovery by following its Federal Rule of Civil Procedure to our local industries for taking evidence, without via routes of Hague Evidence Convention or any diplomatic channel. It is therefore inevitable to confront the US discovery system in general, and rule of evidence in particular in a patent dispute. And, we shall clarify certain misunderstanding such that a winning suit can be reasonably expected. For example, the doctrine of peripheral limitation is the correct method to interpret the claim of a patent at a Markman hearing. There is a need to distinguish matters of law and fact because the jury is the trier of fact in US judicial system. In view of the Microsoft, where the standard of proof was heightened to be “clear and convincing evidence”, we shall consider that an overhaul of our evidence system may be needed. Indeed, we shall managing to provide a clearer definition of burden of proof, better rule of allocation and shift of burden of proof, and establishment of various standards of proof, such that a more effective evidence system can be formed. |