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Case 4: Patent Infringement

1.Background

Company X is a patentee of an invention relating to a stabilization measure for finished products. Company X applied for mediation to demand from Company Y compensation for damages caused by Company Y's applying the stabilization measure to products in process of their manufacture temporarily.

2.Purposes of the application (Company X's demand from Company Y)

Company X claimed that Company Y manufactured products infringing on Company X's patent right. Thus, Company X demands from Company Y payment of certain amount of money as compensation for damages caused by the patent infringement.

3.Arguments of the respondent

Company Y, the respondent, claimed that the stabilization measure they applied can not be regarded as falling within the technical scope of the patented invention in question.

4.Point in dispute

The stabilization measure according to the patented invention in question is a stabilization measure applied permanently to finished products. Thus the point in dispute was whether or not the stabilization measure used by Company Y for products in process of their manufacture and then removed from the products after they were finished would fall within the technical scope of the patented invention in question.

5.Conclusion

The Center held eight hearings, but no compromise was reached between the arguments of the parties. The mediation ended in failure.

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