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Case 6: Patent Infringement

1.Background

Party X operated a manufacturing company. When he saw an ad for Company Y's product in a trade newspaper, he thought that the product was manufactured by working his patented invention and demanded from Company Y an injunction of the manufacture and sale of the product and compensation for damages. Both the parties discussed the problem but failed to reach any agreement. Therefore, Party X applied for mediation.

2.Purposes of the application

Party X, the applicant, sought to demand an injunction of the manufacture and sale of Company Y's product, the scrapping of inventories of the product, and the payment of compensation for damages.

3.Arguments of the respondent

Company Y, the respondent, claimed that their product had no constituent features of Party X's patented invention.

4.Point in dispute

The point in dispute was whether or not Company Y's product falls within the technical scope of Party X's patented invention.

5.Conclusion

The mediation for this case ended with Company Y not accepting the mediators' proposal.

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