Meaning
An evidentiary principle in Chinese patent litigation determines which party must produce technical documentation to prove or disprove infringement. The patent infringement evidentiary burden can shift to the defendant when the plaintiff holds a patent for a process and can demonstrate that the resulting product is identical to one produced by the defendant. This prevents the patent holder from being blocked by the closed nature of the defendant’s factory.
Burden Shifting
Managing the patent infringement evidentiary burden requires the plaintiff to first present a prima facie case of similarity and technical capability. Once this standard is satisfied, the court will shift the obligation of proof to the defendant, who must then demonstrate that their manufacturing process does not use the patented method. This shifting mechanism is particularly important in chemical and semiconductor cases where the process cannot be easily reverse-engineered.
Evidence Production
Defendants who fail to provide their internal process records to meet the patent infringement evidentiary burden face the risk of an adverse ruling. The court may accept the plaintiff’s assertions as true if the defendant refuses to cooperate.
Judicial Order
Courts can also issue evidence preservation orders to secure the disputed equipment before it can be altered. This ensures that the technical facts are preserved for the court’s review.
