What is the case handling process for patent infringement litigation lawyers
1. Negotiating customers
1. Preparation before negotiating with customers.
Mainly collect basic customer information; understand the infringement involved Basic information about the person, the form of the infringement involved, the place where the infringement occurred, and other information; clarify the negotiation goals, determine the legal relationship of the case, collect cases, regulations, scholars’ opinions and other information related to the negotiation topic; determine negotiation strategies and ideas, and analyze customer needs.
2. Communication after negotiation with customers.
Promptly compile negotiation minutes and send them to customers in a timely manner; prepare legal opinions, including infringement legal analysis, plan arrangements for each stage of work, and working methods; further communicate with customers and negotiate contract terms.
3. Finally sign an agency contract with the customer.2. Establishment of the case Preparation
1. Determine litigation strategy and next adjustments Determination of matters.
2. Selection of competent court and confirm.
3. Confront the case with relevant parties Legal relations, focus of dispute, request amount and other issues for further argumentation and communication.
4. Materialization and fixation of infringement evidence.
3. Handling the case
1. Preparation of case filing materials.
Power of attorney, certificate of legal representative, copy of the plaintiff’s business license, and defendant’s industrial and commercial registration Information, letters from law firms, etc.
2. Prepare the indictment, prosecution evidence and list .
Confirm with the customer the amount of compensation claimed; the plaintiff claims The basis of intellectual property rights, the defendant’s infringement facts, applicable laws, regulations and judicial interpretations, and jurisdictional court information should be accurate and concise; reasonable expenses can be included in the litigation claims; the litigation claims should be consistent with the facts and reasons, and the litigation The request should be detailed in the facts and reasons; the complaint should be submitted to the client for confirmation and seal; the prosecution evidence and list should be compiled; and the full set of documents should be checked before filing the case.
3. Case filing and processing of related materials.
Submit a complaint or complaint to the court within the statute of limitations Evidence and list, pay litigation fees; keep copies of legal documents such as court case acceptance notice, notice of proof, risk notification, litigation fee invoice, etc., and send the originals to the customer in a timely manner; according to the contract, if the customer has payment obligations after filing the case, Timely remind them to fulfill their payment obligations; all materials submitted to the court must be copied and included in the file.
4. Application for preservation and litigation injunction
Apply for property preservation, evidence preservation and litigation injunction.
5. Evidence collection
1. Create evidence collection guidelines to guide clients in collecting evidence.
2. Scope of evidence
Including the situation of the infringer Evidence of the plaintiff’s rights; evidence of the plaintiff’s trademark popularity and distinctiveness; evidence of infringement; evidence of damages.
3. Prepare a list of evidence
Each piece of evidence should describe the name of the evidence, the source of the evidence, the content of the evidence, and the object of the proof;
4. Submit evidence to the court within the time limit for producing evidence.
Applications for witnesses to appear in court must be made ten days before the expiration of the time limit for producing evidence. Applications for extension of time for production of evidence must be made within the time limit for production of evidence. Applications for the People's Court to obtain evidence must be made It must be submitted seven days before the expiration of the evidence period. New evidence that refutes the other party’s evidence must be submitted.The court must be asked to provide a sufficient period of time.
5. Properly preserve the original evidence.
6. First instance hearing
1. Be familiar with the review file.
2. Prepare an outline for appearance in court.
3. Provide evidence.
4. Express cross-examination opinions.
5. Apply to the court for investigation and preservation evidence.
6. Pay attention to whether there are issues that the court has not investigated , prompt the court.
7. Agent’s opinion.
8. After receiving the first-instance judgment, promptly send it to the client to provide an opinion on whether to appeal.
9. Urge the client to fulfill its subsequent legal fee payment obligations according to the entrustment contract.10. Submit the first-instance work report to the client.
7. Appeal preparation
1. Prepare for appeal procedures.
Including power of attorney; certificate of legal representative; copy of plaintiff’s business license; letter from law firm.
2. Handle appeal filing.
Prepare an appeal brief. If new evidence is generated during the appeal stage, it can be submitted during the appeal. At the same time Pay attention to the appeal deadline, submit appeal materials in time, and pay the appeal fee.
8.The second instance hearing
First of all, you must be familiar with the evidence. The appeal must be elaborated in depth based on the grounds for appeal determined in the appeal petition and combined with relevant evidence. Understand the opinions of the second instance agent.
9. Application for execution
1. Procedures required to apply for execution.
Including power of attorney; certification of legal representative; A copy of the plaintiff’s business license; a letter from the law firm; and an execution application.
2. Submission of clues about the property of the person subject to execution.
Includes the bank account of the person subject to execution; the name of the person subject to execution The real estate and movable property under the execution; the trademark and patent rights of the person subject to execution; the equity of the person subject to execution, etc.
In summary, the small legal savior website The editor believes that lawyers should prepare and handle patent infringement cases according to the process, including case preparation, evidence collection, appeal preparation, etc. At different links, different materials need to be submitted to the court. Everyone needs to take this seriously to prevent insufficient information from affecting the case handling process.
If you want to use the law to protect your rights, it is recommended that you conduct online consultation on the Legal Savior Network. A professional team of lawyers will answer your questions and protect your rights and interests promptly and legally.
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