Usually, if the patent is used without authorization, patent Infringement litigation is the first choice for rights enforcement. However, sometimes, in order to prevent repeated infringement and to reduce the cost of cracking down on infringing goods, oftentimes, the patent owners will sign the settlement agreement with the infringers to solve the problem in practice. The main content of the settlement agreement includes:(1) Infringement will not happen again in the future, (2) If it happens again, the infringer shall pay damages for breach of agreement. For the trial practice in China, patent owners can demand the infringers to be liable for breach of contract according to the above-mentioned settlement agreement in the event of repeated Infringement. The authors will introduce a case they represented in the following part.
[Case introduction]
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