Just Compensation in the Form of Royalties to Patentee

It cannot likewise be claimed that petitioner was unduly deprived of its property rights, as R.A. No. 165 not only grants the patent holder a protective period of two years to enjoy his exclusive rights thereto; but subsequently, the law recognizes just compensation in the form of royalties.   In Parke, Davis & Co. v. … Continue reading Just Compensation in the Form of Royalties to Patentee

Plaintiff Has Burden of Proof in Patent Infringement

  The burden of proof to substantiate a charge for patent infringement rests on the plaintiff. In the case at bar, petitioners evidence consists primarily of its Letters Patent No. 14561, and the testimony of Dr. Orinion, its general manager in the Philippines for its Animal Health Products Division, by which it sought to show … Continue reading Plaintiff Has Burden of Proof in Patent Infringement

Doctrine of Equivalents

  The doctrine of equivalents provides that an infringement also takes place when a device appropriates a prior invention by incorporating its innovative concept and, although with some modification and change, performs substantially the same function in substantially the same way to achieve substantially the same result. Yet again, a scrutiny of petitioner’s evidence fails … Continue reading Doctrine of Equivalents