专利侵权纠纷中销售者合法来源抗辩的司法认定

Judicial Determination of Seller's Legal Source in Patent Infringement Litigation

专利侵权纠纷案件中,合法来源作为销售者免除赔偿责任的法定理由,在司法实践中经常被其援引使用,但司法实践中法院在是否认定、如何认定以及责任确认等方面却似乎各有认识,个中因由,值得深思。

In patent infringement litigation, the seller is not required to bear the liabilities for compensation if he can prove that the product is obtained from a legal source. Legal source as a reason for exemption from compensation is often raised in judicial practice. However, there are different opinions on how to determine whether it constitutes a legal source and how to identify duty-bearing. The reason for that is still worth pondering.