一种产品多项专利侵权案件中赔偿责任的确定

侵犯专利权的损害赔偿问题一直困扰着司法审判，而一种产品多项专利的赔偿在实务中更成为难点问题。因此，对于这类案件的赔偿责任确定应从法理中寻求依据，结合事实进行分类确定，使权利人有可预期的基本标准，该标准应建立在相当因果关系基础之上，采取区别对待原则并辅之法官的自由裁量，从而根据证据完成在个案中对具体赔偿数额的确定。

Discusses on the Determination to the Compensation of Many Patent Infringement Liability in one Product

Infringement patent＇s damage compensate question always has been puzzling the judicial trial. But many patent＇s compensations in one product become the difficult question in the practice. Therefore, we should seek the basis from the legal principle theory of law to determine this kind of case＇s liability of compensation with the fact carrying on the classified determination. So the obligee may have one anticipate primary standard. This standard should be established above the suitable causal relationship by adopting the differential treatment principle and the judge＇s freedom discretion. Thus the determination to compensation amount has been completed according to the evidence in one case.